Jharkhand High Court
Nishikant Dubey vs The Union Of India And Ors on 26 March, 2015
Author: Virender Singh
Bench: Virender Singh, Aparesh Kumar Singh
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 5150 of 2013
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Nishikant Dubey, S/o Sri Radheshyam Dubey, R/o- Member of Parliament Godda, (Jharkhand) H-36, Lane W 10-C, Sainik Farms, PO & PS-Sainik Farms, District- New Delhi ... Petitioner
-V e r s u s-
1. The Union of India
2. The Secretary, Planning Commission, Government of India, Yojana Bhawan, Parliament Street, New Post Office & Police Station-Parliament Street, District- New Delhi-110001
3. The Secretary, Ministry of Civil Aviation, Parliament Street, New Post Office & Police Station-Parliament Street, District- New Delhi-110001
4. The Chairman-cum-Managing Director, Airport Authority of India, Rajeev Gandhi Bhawan, Safdarjang Airport, New Delhi, Post Office, Police Station-Safdarjang, District- New Delhi
5. Noddle Officer- cum- Flying Operation In-charge, Civil Aviation Department, Government of Jharkhand, Project Building, Post Ranchi- Dhurwa, Police Station- Jagannathpur, District- Ranchi
6. The Secretary, Civil Aviation Department, Government of Jharkhand, Project Building, Post Ranchi-Dhurwa, Police Station-Jagannathpur, District- Ranchi .... Respondents
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Coram: Hon'ble Mr. Justice Virender Singh, Chief Justice Hon'ble Mr. Justice Aparesh Kumar Singh
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For the Petitioner : Mr. Rajeev Kumar Advocate For the Respondent -UOI & AAI : Mr. Rajiv Sinha, ASGI For the Respondent- State : Ms Shivani Verma, JC to AG
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th Order No. 06: Dated 26 March 2015 Per Virender Singh, CJ (Oral) On instructions, Mr.Sinha appearing for Airport Authority of India (AAI) and Ministry of Civil Aviation states that the existing runway of 1115 Mt at Deoghar Airport is not suitable for VFR flight operation for even ATR-72-500 type of Aircraft carrying passengers, hence civil operations from DGCA and the Aircraft cannot be made operational. Mr. Sinha submits that additional 77.62 acres of land now acquired by the State on the city side for development of Deoghar Airport other than the existing 2 Airport land of 53.41 acres is inadequate to operationalize the Airport as even the combined land of 131.03 acres is insufficient to meet the basic strip requirements of DGCA CAR (Civil Aviation Requirements). He states that as per the information supplied to him by the concerned officials of AAI, who have visited the spot, is that the additional 77.62 acres of land acquired by the State is not in line with the existing strip for further expansion length-wise and width-wise and that the said additional land can be used only for the purposes of construction of terminal or for some other utility as per the Master Plan. Mr.Sinha states that the complete details for minimum land required around the existing Airport for the operation of ATR-72 type of Aircraft, which would cover ATC Complex, Fire Station, Isolation Bay etc., will be provided to the Court within a week's time.
Mr.Sinha says that AAI and Ministry of Civil Aviation are ready to take the possession of 77.62 acres of land already acquired by the State so that the said chunk of land is used at least in the first operational phase according to the Master Plan and the work starts at the site.
In its counter-affidavit filed by the Director (OPS)-cum- Nodal Officer, Civil Aviation Department (State of Jharkhand), it is stated in para 13 that as per the terms of MoU signed between AAI (Government of India) and Civil Aviation Department (Government of Jharkhand), the State was to provide to AAI land, power and water. As per the revised MoU, the total land now required is 606 3 acres excluding 53.41 acres of land where the aforesaid runway is in existence. 77.62 acres of land has already been acquired by the State, possession of thereof will be handed over to AAI very shortly. The District authorities have already identified and earmarked around 436.35 acres of land and land records in this regard have also been prepared for acquisition of the said land. This includes 77.62 acres of land which has already been acquired. In its counter-affidavit, it is stated that out of 27 land records, 12 have been sent to the office of the Commissioner, Santhal Pargana,Dumka, to accord the approval for land acquisition. Civil Aviation Department is also in the process to allocate additional fund for acquisition of required land by the State Planning Department and Finance Department to implement the land acquisition project on priority basis.
We, therefore, direct State to look into the aspect of allocation of the required additional fund for acquisition of the required land for which the process has already been initiated by the Commissioner, Santhal Pargana,Dumka, so that required acquisition proceedings are initiated and completed without any unnecessary delay. Deputy Commissioner, Deoghar, would also take all necessary steps for expeditious disposal of land acquisition proceedings.
Civil Aviation Department (Government of Jharkhand) would also take all necessary steps to improve and make the existing runway of 1115 Mt suitable for Aircrafts to land. 4
AAI and Ministry of Civil Aviation in consultation with Civil Aviation Department (Government of Jharkhand) would also deliberate on giving the most suitable name to Deoghar Airport, considering its historical and religious importance of the place.
Consideration of the instant petition is deferred for six weeks to have upto date progress report from both the sides.
List again on 15.05.2015.
Copy of this order be provided to learned counsel appearing for the parties under the seal and signature of the Court Master.
( Virender Singh, C.J.) (Aparesh Kumar Singh, J) dey