Authority: High Court of Odisha, Cuttack

Order Date: 28 August 2026

Case Overview

  • Parties: Petitioner – Luxurio Assets Pvt. Ltd, a commercial building owner in Nayapalli, Bhubaneswar; Opposite Parties – Union of India, Airport Authority of India (AAI) at Biju Patnaik International Airport, and other respondents.
  • Nature of Proceeding: Writ petition (W.P.(C) No.27648 of 2026) seeking a writ of mandamus and related directions concerning height restrictions imposed on the petitioner’s building.
  • Background: The petitioner obtained a No‑Objection Certificate (NOC) on 25 February 2019 from the Airport Authority permitting a maximum top elevation of 87.37 m above mean sea level. A subsequent aeronautical survey dated 18 August 2026 reported the building’s actual top elevation as 93.68 m, exceeding the permitted height by 6.31 m. The airport authority issued a notice (letter dated 11 August 2026) directing removal of the excess height.
  • Petitioner’s Prayers:

1. Decline any mandamus directing the AAI to conduct an aeronautical study at the petitioner’s expense under the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015 and Aircraft (Demolition of Obstructions caused by Buildings and Trees etc.) Rules, 2026.

2. Issue a mandamus directing the AAI to consider the petitioner’s appeal for revision of height clearance under Clause 6.1 of ADSAC 03 2026 without mandating removal of the 6.31 m excess.

3. Refuse quashing of the Joint Verification Report dated 18 August 2026, asserting it was not prepared per the prescribed procedure.

4. Quash the letter dated 11 August 2026 directing removal of the infringing height, alleging procedural non‑compliance.

  • Opposite Parties’ Position: Counsel for the AAI argued that the petitioner’s request for an aeronautical survey at his cost is permissible under the 2015 and 2026 Rules and the ADSAC 03 2026 circular.

Final Outcome

  • The Court disposed of the writ petition at the admission stage, permitting the petitioner to file an appeal before the appropriate appellate authority as per Clause 6.1 of ADSAC 03 2026.
  • The Court indicated that, if the appellate authority deems it permissible, an aeronautical study may be conducted in accordance with the 2015 and 2026 Rules, with the cost borne by the petitioner, and without further delay.
  • The Court left the door open for the petitioner to seek any interim relief during the pendency of the appeal.
  • An urgent certified copy of the order is to be issued upon proper application.

Topics: Height Restriction, Airport Authority, Civil Aviation