‘Shocks Judicial Mind, Not Proper For Court To Interfere With Such Policy Decisions’: Patna High Court On PILs Seeking Airport In Each District

The Patna High Court has disposed of 31 Public Interest Litigation (PIL) petitions seeking establishment of airports in almost all districts of Bihar.

“In our opinion, the writ petitions would not be maintainable, especially as a Public Interest Litigation, since it is a purely policy matter of the respective Governments to decide on the establishment of airports, the land to be acquired and so on and so forth; wherein financial viability also becomes a very important consideration. The very claim raised in all the 31 writ petitions is to have an airport in every district of Bihar. We cannot but say, it shocks the judicial mind, especially considering the jurisdictional power to interfere in such policy matters,” said the division bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad.

The counsel representing the petitioners, Advocate Sumit Kumar Singh, referred to an earlier order of the court, wherein it had directed all District Magistrates in the State to identify encroachments existing over the land meant for total 31 airstrips and airports of Bihar and take immediate steps for their removal. It was also mentioned in that order that out of the 31 airports/airstrips in Bihar, only three are operational for domestic flights, i.e. Patna, Gaya, and Darbhanga. Whereas, the non-operational airports at Raxaul, Muzaffarpur and Jogbani come under the control of the Airport Authority of India (AAI).

Observing that the decision to establish airports in specific locations is a matter for the executive branch to decide, the court further noted that the PILs were entertained only in the case of Purnea Airport, considering the state government's proposal to cater to the needs of nine major districts in Bihar.

While referring to the counter affidavits of the Airport Authority of India and the State of Bihar wherein issues of land acquisition and construction of approach road were pointed out, the bench observed, “Obviously, there are issues to be sorted out between the State Government and the Central Government as also the AAI. It would not be proper for this Court to interfere with such policy decisions and it would suffice to direct the Governments as of now to ensure the proper maintenance of the lands; which are either in the ownership and possession of the AAI or the State Government.”

The court said the earlier direction regarding the removal of encroachments by the District Magistrates is made absolute.

"In the context of any encroachment of the lands dedicated for the establishment of the airport; in future it shall be kept free of encroachments and the respective owners shall be mindful of the proper upkeep of such lands,” the bench added.

While disposing of the of the batch of writ petitions, the bench said no practical purpose would be served in keeping the writ petitions pending, and it cannot be monitoring or supervising the discussions between the government in so far as the establishment of airport is concerned.

Case Title: Nikhil Singh Vs. Union of India & Ors. Civil Writ Jurisdiction Case No.1784 of 2023

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