Judgment: 1. Heard. 2. The grievance of the petitioner in this PIL is that the respondent No. 6-Amity University has raised construction without proper permission and sanction from the authorities including the defence and Municipal Corporation, Gwalior. The petitioner further pleaded that a society of Amity University namely-Ritnand Balved Eduction Foundation was allotted a land of 41.484 hectare situated at village Manarajpura Dang in the year 2008. The area is near the Air Force Station of Gwalior and no construction on the land within 20 km. of range of Air Force Station could be raised without permission from the Air Force. Because no permission has been taken by the University, hence, the construction is illegal. 3. During pendency of the writ petition, the respondent No. 6 Amity University produced a copy of the NOC in regard to construction of the building at village Maharajpur Dang, Patwari Halka No. 94, Dist. Gwalior by M/s. Ritanand Balved Education Foundation, subject to the following conditions: The vertical extent (highest point) of the buildings in the area bound by the below mentioned co-ordinates shall not exceed 230 metres AMSL. (iii) The height of the Academic Block No. 3 shall not exceed 230 metres AMSL or 10 metres AGL whichever is lower. No extension or structure permanent or temporary (e.g. Antennas mumties, lift machine room, overhead water tank, cooling towers sign boards etc) shall be permitted above the cleared height. (iv) The height of building other than Academic Block No. 3 shall not exceed 230 metres AGL whichever is lower. No extension or structure permanent or temporary (e.g. Antennas mumties, lift machine room, overhead water tank, cooling towers sign boards etc shall be permitted above the cleared height. In view of elevation difference within the proposed construction site applicant has given an undertaking dated 18 Nov 13 to ensure following:- (iii) Elevation of any point within the construction site shall not be higher than 220 Mtrs. (iv) Not withstanding above the elevation of highest point of construction will not exceed 230 Mtrs. c) Any deviation in the cleared height above ground level or above mean sea level will automatically lead to cancellation of the NOC and applicant shall be legally bound to demolish any portion of the construction violating the NOC at the earliest at his own cost. c) Any deviation in the cleared height above ground level or above mean sea level will automatically lead to cancellation of the NOC and applicant shall be legally bound to demolish any portion of the construction violating the NOC at the earliest at his own cost. d) IAF representative shall be allowed to visit construction site as and when, and as many times desired by IAF to verify the NOC conditions. Applicant shall provide all the assistance. e) Standard obstruction lightings as per is 5613 notification and International Civil Aviation Organization (ICAO) standards as stipulated in ICAO-Annex-14 is to be provided by the company. The lights shall be kept 'ON' at all times. f) Periodic maintenance of obstruction lights to be carried out by the company at regular intervals to keep them in serviceable and visible condition. Provision shall be made for stand by power supply to keep the lights 'ON' during power failure. g) A garbage treatment plant shall be installed prior to the construction of building for the purpose of avoiding bird activity. The plant shall be shown to the AOC/his nominated representative at AF Stn Gwalior on installation. h) No light or combination of lights which by reasons of its intensity, configuration or colour may cause confusion with aeronautical ground lights of an airport shall be installed at the site at any time during or after construction of the building. i) The commencement and completion of works inclusive installation of obstruction lights are to be intimated to AOC, AF Stn Gwalior and CATCO, HQ CAC, IAF, Bhamrauli, Allahabad, UP. Failure to render these certificates within the stipulated time may lead to cancellation of NOC. j) The validity of this NOC is five years from the date of issue. If the construction for which NOC has been issued, does not complete within five years of issue of found to be in deviation from original proposal the NOC shall be deemed null and void. It will be the responsibility of the applicant to obtain fresh NOC for the proposal. k) Required security clearance should be obtained from MHA/IB of the foreign Nationals and Indian representative employed/to be employed by the company in India. 2. Your are also required to obtain. No objection from other concerned Government Organization/Agencies as required. 4. It will be the responsibility of the applicant to obtain fresh NOC for the proposal. k) Required security clearance should be obtained from MHA/IB of the foreign Nationals and Indian representative employed/to be employed by the company in India. 2. Your are also required to obtain. No objection from other concerned Government Organization/Agencies as required. 4. Hence, in view of the aforesaid facts, the contention of the petitioner that there is no NOC and permission in favour of the respondent No. 6 to raise the construction is without merit. 5. Learned counsel for the petitioner has submitted that respondent No. 6 raised the construction of the building beyond the limit of NOC. This contention has been denied by the counsel for the respondent No. 6. 6. This disputed question of fact could not be decided by this court in a PIL. If there is any grievance, the petitioner is at liberty to submit a representation to the defence authorities. 7. Learned counsel for the Municipal Corporation has informed the court that the compromise proceedings are pending before the Municipal Corporation in regard to the construction raised by the respondent No. 6. 8. Since the compromise proceedings are pending before the Municipal Corporation, hence, in our opinion, at this stage, this court can not pass any order in this regard. The petition is disposed of accordingly. 9. No order as to costs.