AI Structured Summary
Not yet generated for this judgment
Judgment
This writ petition is filed in public interest by a party in person seeking a direction to the Airport Authority to take action against construction of
offending buildings under the Air Craft Act, 1934 and the Air Craft (Demolition of Obstruction caused by Buildings and Trees etc.) Rules, 1994.
During the course of hearing, we asked the petitioner whether he had impleaded the persons who have constructed the offending buildings, his
answer was despite the queries made under the Right to Information Act, the details were not furnished and therefore, they were not available with
him. However, on behalf of the Airport Authority of India, it was pointed out that the names and the details of five buildings were available in
Ext.P2 report produced along with the writ petition and that therefore, the submission of absence of details with the petitioner was incorrect. When
we asked the petitioner whether he intends to bring on record atleast those five persons as parties to this writ petition, his answer was that if the
Court wants, he is willing to do so. According to us, in a writ petition where directions are sought for demolition of buildings which are allegedly
constructed in violation of the provisions contained in the Air Craft Act and the Rules mentioned above, it was the bounden duty of the petitioner to
have impleaded the persons who have constructed the offending buildings. In so far as this case is concerned, there is non-joinder of such
necessary parties before this Court and the petitioner himself was unwilling to implead them. In such circumstances, we are not persuaded to
entertain the writ petition. The writ petition is therefore dismissed for non-joinder of necessary parties.