Patna High Court Seeks Airport Authority Of India's Report On Illegal Encroachment Of Lands Meant For Airports In Bihar

The Patna High Court, while hearing a matter concerning the establishment, development, expansion and security of airports in the state, directed the Airport Authority of India to file an affidavit regarding encroachments over the lands meant for three airports — Forbesganj-Jogbani, Raxaul, and Muzaffarpur.

During the last hearing, the court had directed all the District Magistrates in Bihar to identify the illegal encroachments on the lands meant for the airports/airstrips in their respective jurisdictions and to take immediate necessary steps for removal of such encroachments.

Dr. K. N. Singh, Additional Solicitor General of India, representing the Airport Authority of India, clarified that the Forbesganj-Jogbani Airport is free of encroachment.

However, Dr. Singh informed the bench that the airport runway at Raxaul is being used for agricultural purposes by unknown individuals or organisations and that the terminal building of the airport is occupied by Sashastra Seema Bal.

Dr. Singh also said that the airport at Muzaffarpur is currently under the control of the Bihar State Fire Services, and that there are at least seven breaches in the airport's boundary walls.

He further informed the court that certain issues concerning the acquisition of land for Purnea Airport between the State Government and the Airport Authority of India have arisen and need to be resolved. He also said that officials are working to resolve issues concerning the acquisition of proper land for the proper development of Purnea Airport.

The division bench of Acting Chief Justice Chakradhari Sharan Singh and Justice Madhuresh Prasad said,

“It is expected that in the public interest, the State Government and the Airport Authority of India shall take a consensus decision in this regard within two weeks from today,”

Vikash Kumar, one of the Standing Counsels, informed the court about the status report from various districts regarding encroachments on various airports/airstrips throughout the state of Bihar.

The court, however, did not find due compliance with the previous order due to the absence of evidence on record that the concerned District Magistrates had taken steps to remove the encroachments.

As a result, the bench directed the Airport Authority of India to file an affidavit stating specifically whether there are any illegal encroachments caused by any private person or authority over the lands meant for the three airports, namely Forbesganj-Jogbani, Raxaul, and Muzaffarpur.

The bench further directed the District Magistrates of the affected districts to ensure that any illegal encroachments caused by any body/person/authority are immediately removed.

Regarding airports/airstrips in other districts, the court further directed all District Magistrates in the State to take immediate action to remove encroachments, failing which the Court would then proceed against such officials in accordance with the law.

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

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