height of lightening arrestor is concerned, as per specification, it was also exempted but the existing height of lighting arrestor was found to be 1.10 meters. Height of stair cover should have been 3.00 meters and actual height of that part was found to be 2.55 meters i.e., within the prescribed limit of building bye-laws. It is further submitted that U.C. Case No. 137 of 2020 has been instituted only after receiving a copy of the present writ petition and a notice issued in the said case is back dated. Sections 37 and 38 of the Act, 2001 are not applicable in the present case as the building plan has already been sanctioned and inspection team of the respondentRRDA, Ranchi has already confirmed that the height of the building is less than 28.80 meters. The casting work of 8th floor (top floor) of the said building was completed on 14.01.2019 and till date, there has been no objection raised either by RRDA, or AAI. The respondent-RRDA has no jurisdiction to demolish any structure after sanction of its map. Section 9A of the Aircraft Act, 1934 (in short, “the Act, 1934”) confers power to the Central Government to prohibit or regulate construction of building, planting of trees etc. Section 9B of the Act, 1934 deals with the payment of compensation to be made to a person who has sustained loss or damage in consequence of any direction contained in notification issued under sub-section (1) of Section 9A of the Act, 1934. The respondent-AAI however intends to avoid taking recourse of Section 9B of the Act, 1934 and as such it has directed the respondent-RRDA, Ranchi to take action against the petitioners. Sub-rule (2) of Rule 12 of the Ministry of Civil Aviation (Height Restrictions for Safeguarding of Aircraft Operations) Rules, 2015 (in short “the Rules, 2015”) provides for developing appropriate mechanism with necessary trained manpower and equipment so as to verify the height of the structures, site elevations and site location or co-ordinates of points on the surface of the earth in World Geodetic System 1984 (WGS84), however, no such mechanism has been evolved by the authorities for which the petitioners cannot put to adversities. It is further submitted that the respondent- AAI also intends to participate in the proceeding before the Vice Chairman, RRDA, Ranchi, however Section 35, 36 and 37 of the Act, 2001 nowhere provides for taking aid of or to implead AAI as party in a proceeding before the Vice Chairman, RRDA. The Vice Chairman, RRDA, Ranchi ought not to have initiated the proceeding as he had no jurisdiction to initiate the same
