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No metro work near Jakkur airport without fresh NOC, says Karnataka HC

The bench directed the government to submit its decision to the committee tasked with issuing the NOC after taking the mitigating measures
Last Updated 27 July 2021, 20:51 IST

The High Court of Karnataka on Tuesday directed the state government to take the mitigation measures suggested by the Directorate General of Civil Aviation (DGCA) and the Airports Authority of India (AAI) with regard to the proposed construction of an elevated metro line on the western periphery of the Jakkur aerodrome in northern Bengaluru.

A division bench headed by Chief Justice Abhay Shreeniwas Oka perused the memo filed by the government detailing the content of the DGCA’s letter dated May 20, 2021. “Thus, from the memo filed by the State Government and Government Flying Training School, it is apparent that the State Government has accepted what is stated in the letter dated 20 May, 2021, of DGCA regarding the existence of obstacles insofar as construction of elevated metro line is concerned. The State Government has also agreed to adopt mitigation measures as suggested by the DGCI in the aforesaid letter,” the bench said.

The bench directed the government to submit its decision to the committee tasked with issuing the No Objection Certificate (NOC) after taking the mitigating measures. It directed the committee to take an appropriate decision on issuing a fresh NOC on the application filed by the Bangalore Metro Rail Corporation Limited (BMRCL).

“We also clarify here that unless application made by BMRCL for grant of NOC is considered afresh in terms of the aforesaid direction and unless NOC is granted, the construction of metro rail line within the western periphery of Jakkur aerodrome shall not be undertaken,” the bench said in the order.

Ajoy Kumar Patil, a Bengaluru-based lawyer, had filed a PIL petition, stating that the proposed elevated metro line and the retaining wall fall within the distance of 60 metres of the runway strip of the Jakkur aerodrome.

The petition pointed to the statutory prohibition on all forms of construction near the aerodrome since it has been declared a ‘No construction/obstruction zone’.

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(Published 27 July 2021, 19:14 IST)

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