J. Venkatesan

New Delhi: The Supreme Court has declined to review its order upholding a Madras High Court judgment directing removal of all hoardings within the vicinity of the Chennai airport from Kathipara to Pallavaram.

A Bench of Justice A.K. Mathur and Justice Lokeshwar Singh Panta dismissed the petitions filed by the Tamil Nadu Advertising Association and others.

They had submitted that when buildings, structures or trees were permissible even within 20 km from the airport, and when there was no complaint from the Airports Authority that hoardings erected by members of the Association had exceeded the prescribed height, the direction to remove the hoardings was not valid.

The petitioners said the direction to remove all the hoardings on the basis of the notification dated January 5, 1988 was misconceived. At no point of time had the Airport Authority initiated action by issuing a notice as per the notification or served notice as contemplated in the Airport Rules. They contended that the Aircraft Act and Rules had never envisaged blanket ban on hoardings.The direction would be against the Aircraft Act and Rules.

Referring to the State's stand that the hoardings must be removed for constructing a flyover, they said these had already been removed. Even assuming, without conceding that the same was required, it would not affect the hoardings on private as well as railway property.

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