Case Note & Summary
The petitioner, Nitin Dwarkadas Nyati, sole proprietor of Nyati Housing, challenged letters dated 12th May 2021 and 20th September 2021 issued by Respondent No.4 (Group Captain, Operation ATS) refusing to revalidate a No Objection Certificate (NOC) dated 22nd May 2015. The NOC was originally granted by the Air Force for construction of a building near the Air Force Station, Lohegaon, Pune, subject to certain conditions. The petitioner sought revalidation as the NOC had expired. The respondents refused revalidation citing a policy of 2015 regarding building restrictions near airports, which the petitioner argued did not exist at the time of the original NOC. The court found that the refusal was arbitrary and violative of principles of natural justice as no opportunity of hearing was given to the petitioner. The court also noted that the policy relied upon was not in existence when the NOC was granted and could not be applied retrospectively. The court quashed the impugned letters and directed the respondents to revalidate the NOC within four weeks, subject to compliance with existing conditions and regulations.
Headnote
A) Administrative Law - Principles of Natural Justice - Right to be Heard - Refusal to revalidate NOC without hearing is arbitrary and violative of Article 14 - The petitioner was not given any opportunity of hearing before the impugned letters were issued, and the refusal was based on a policy that did not exist at the time of the original NOC - Held that such action is unsustainable in law (Paras 7-10). B) Building Restrictions - Airports and Airfields - NOC Revalidation - Applicability of Policy - The policy of 2015 regarding building restrictions near airports cannot be applied retrospectively to an NOC granted in 2015 without a specific provision - The respondents' reliance on a non-existent policy to deny revalidation is arbitrary - Held that the impugned letters are quashed and the respondents are directed to revalidate the NOC (Paras 11-13).
Issue of Consideration
Whether the refusal to revalidate a No Objection Certificate (NOC) for construction near an Air Force station, without affording an opportunity of hearing and based on a non-existent policy, is arbitrary and violative of Article 14 of the Constitution of India.
Final Decision
The court allowed the writ petition, quashed the impugned letters dated 12th May 2021 and 20th September 2021, and directed the respondents to revalidate the NOC dated 22nd May 2015 within four weeks, subject to compliance with existing conditions and regulations.
Law Points
- Principles of natural justice
- Right to be heard
- Non-arbitrary administrative action
- Article 14 of the Constitution of India
- Revalidation of NOC
- Building restrictions near airports
