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7. It is the case of the petitioners in W.P.(C) Nos.2258/2017 and 2272/2017 that for the purpose of implementation of SRA Scheme and to ensure its viability, it is necessary to conduct an aeronautical study. It is also pleaded that SRA Scheme is at an advanced stage and therefore they requested the respondents to refer their cases for aeronautical study by ICAO for conducting an aeronautical study to determine whether additional height is permissible for the buildings proposed to be constructed by them.

5.1.1 The request for aeronautical study shall be considered by the Member (Air Navigation Services), Airports Authority of India, on case to case basis.

5.1.2 Aeronautical Study shall not be carried out in Approach and Transition surfaces.

5.1.3 Aeronautical Study, as per the established guidelines, shall be carried out by AAI, ICAO or any other agency, approved for the purpose by Ministry of Civil Aviation.

5.1.4 Based on the Aeronautical Study report, including a revised height clearance if necessary, shall be communicated to the applicant by AAI.

5.1.5 Guidelines are available at NOCAS at www.aai.aero.

5.2 Communication Navigation Surveillance (CNS) Simulation study: In case any structure is required to be made within aerodrome premises (airside and city side) by the Aerodrome Operator which creates obstruction from CNS point of view, a simulation study could be carried out to study the impact of this structure on the performance of the relevant facility and in case the study confirms that the impact would not hamper the operability of the facility, such structure could be permitted within the aerodrome premises."

31. In the above noticed facts and circumstances, we are of the view that the respondents are not justified in ignoring the request of the petitioners for referring their cases to ICAO for aeronautical study. It is relevant to note that all the petitioners have expressed their willingness to bear the cost of aeronautical study by ICAO for their projects.

32. Having regard to the fact that ICAO is specialized agency established in pursuance of the Convention on International Civil Aviation and that India is also a contracting State to ICAO and, more particularly, the statutory Rules vide Notification dated 30.09.2015 as well as the Circular dated 07.06.2016 issued by AAI have recognized such aeronautical study through ICAO, it appears to us that by allowing such aeronautical study of the cases of the petitioners by ICAO no prejudice whatsoever would be caused to anyone. On the other hand, such study may assist the respondents in reviewing the cases of the petitioners.