- (1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction to quash the general notice issued by respondent no. 3, Deputy Commissioner, Ranchi, as published in the local vernacular "Hindustan" dated 20.12.2008, whereby and whereunder, the petitioner alongwith others have been noticed to remove their residential building by 30.12.2008 otherwise the same would be removed by force.
(2.) LEARNED counsel for the petitioner submits that the notification in issue as published in the daily newspaper "Hindustan" dated 20.12.2008 is violative of the statutory law, as provided under the Aircraft Act, 1934 and in particular Section 9 -A (3). He has further referred to and relied upon Rules 3 to 6 of the Aircraft (Demolition of Obstructions Caused by Buildings and Trees etc.) Rules, 1994, to support his contention. According to the learned counsel for the petitioner, before demolition a notice has to be issued and/or it has to be pasted at a specific place and then only the authorities can initiate action. Learned counsel further submits that the notification has been issued without any notice and, thus, the same is illegal and liable to be set aside. Learned counsel for the petitioner has referred to and relied upon a judgment as reported in A.I.R. 2000 Andhra Pradesh 459 (Flag Officer, Commanding -in -Chief, Eastern Naval Command, Visakhapatnam and Ors. vs. Shri Vijaya Visakha Co -op. Milk Dairy, Visakhapatnam and Ors.) and in particular paragraph no. 29, which is quoted as under: - "29. In the result, the impugned order is set aside. The competent authority under the Aircraft Act applicable to the Visakhapatnam Aerodrome shall follow the procedure prescribed while passing the orders for demolition of any building as required under the relevant Rules and after affording an adequate opportunity to the petitioner for making his representation as required under the said Rules. It shall be open to the competent authority, at Visakhapatnam Airport to take steps to cancel the NOC after giving an opportunity of being heard to the petitioner."
(3.) LEARNED counsel for the respondent -State submits that the notification has been issued under Section 9 -A by the Central Government, as provided under the Aircraft Act, 1934 and the State through the office of the Deputy Commissioner has published the notification.;