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| DB directives in PIL regarding upgrade the Civil Airport Jammu as par with the international airports | | |
Jammu, April -08-2019-(JNF):- In a Public Interest Litigation filed by Advocate Ravi Abrol seeking directions to respondents to upgrade the Civil Airport, Jammu as par with the international airports with provision of inflow and outflow of international flights in view of large number of pilgrims visiting Jammu from outside the country to pay obeisance to Shri Mata Vaishno Devi Shrine.
A Division Bench of State High Court Comprising Chief Justice Gita Mittal and Justice Sindhu Sharma after hearing Sr. Adv Sunil Sethi with Adv Ravi Abrol for the PIL whereas Sr. AAG SS Nanda for the State and Adv Inderjeet Gupta for the Airport observed that Sr. Adv Sunil Sethi has placed a status report dated 25th of March, 2019 (Page 49 of the paper book) before us with which the minutes of meeting held on 26th of February, 2019 under the Chairmanship of the Chief Secretary of the State has been placed.
DB further observed that regarding Construction of New Green Field Airport at Jammu, Sr. Adv Sunil Sethi pointed out that in view of the commitment of Airport Authority of India to construct a Green Field Airport, steps need to be expeditiously taken by the State Government to ensure provisions of allocation of 2000 acres of land which is required. The submission is that the State may take expedite decision on this aspect.
Inasmuch as, the State has submitted that the financial implications for the State in providing the land free of cost is a serious matter, the respondents must examine this aspect and take a firm view, if necessary. The matter may be discussed with the Airport Authority of India to see that there could be any sharing of the costs involved.
Regarding handing over of possession of 27 Kanals, 2 Marias and 4 Sarsai land adjacent to Jammu Airport, Sr. Adv Submitted that the acquisition of this land stands completed in accordance with the provisions of Land Acquisition Act, inasmuch as, the entire compensation which were awarded by the Land Acquisition Collector stands paid to the land owners way back in the year 2008. It is submitted that in accordance with the statutory provisions, all that remain was that the land acquiring authorities have to take possession of the land.
If the factual statement with regard to the disbursement of the compensation is correct, we are unable to see the reason for the delay in taking possession. Public funds to the tune of Rs. 5,32,76,269/- stands disbursed to the land owners, who, in law, can claim nothing else.
The pendency of the reference under Section 18 of the Land Acquisition Act cannot come in the way of the land acquiring authorities proceeding to take the possession.
It appears that this important aspect was not brought to the notice of Chief Secretary in the last meeting. Let this issue be placed before the Chief Secretary by the respondents again.
It is also inexplicable, as to how a dispute inter se the Government departments i.e. the Revenue Department and the Flood Control Department on the one hand and the Defence Estates Officer, Jammu could not be resolved from 2008 till 2019 with regard to the land measuring 58 Kanals 8 Marlas which stands identified for rehabilitation of the erstwhile land owners. A firm view on this issue also deserves to be expeditiously taken. Certainly a public project cannot be interdicted merely on account of failure of the Government authorities to take expeditious action.
Db further observed that It would appear that there is no impediment for the utilization of the 137.78 acres of land which is required for the construction of the new Civil Terminal at the Jammu Airport. While the status report discloses the steps being taken for reconstruction of required facilities of the Animal Husbandry Department whose land has been taken for the purposes of airport expansion, the status report does not disclose the steps being taken for construction of the new Civil Terminal at Jammu Airport.
DB directed respondents to file a status report regarding the construction of the new Civil Terminal at Jammu Airport before the next date of hearing and also file satus report with regard to the temporary parking facility be filed before the next date of hearing.
DB further observed that another aspect which has been brought to our notice is the requirement necessitated on account of the security concerns at the two airports in the State. DB found that the terminal where passengers have to submit themselves for security clearance are located at a considerable distance from the main airport terminal. As a result, the passengers have to disembark from their vehicles and submit themselves for security clearance and thereafter carry their baggage and walk long distances before accessing the Airport terminal. Many of the passengers who have to walk this distance are old, handicapped or infants and face tremendous difficulties in accessing the airport facilities. Their difficulties are compounded by the fact that they have to manage their own baggage as well.
DB further directed that the State Government therefore deserves to apply their mind and explore the possibility of making available a shuttle facility to the passengers, even in the nature of battery operated vehicles, to facilitate the movement of passengers from the security clearance buildings to the Airport Terminals and directed that the matter be examined and a status report in this regard shall be placed before us within four weeks from today.
Regarding Commencement of Night Flights from Jammu Airport, DB found that the Ministry of Defence has issued a communication dated 3rd of January, 2019, informing that Airfield watch hours at Jammu stand extended upto 2100 hrs IST from Monday to Saturday by the Air Headquarters. The Civil Aviation Department of the State department has sought intervention of the Ministry of the Civil Aviation New Delhi to impress upon the Commercial airlines from starting the early morning and late evening flights, keeping in view the extended watch hours at Jammu Airport.
Upon this Sr. Adv
Sunil Sethi, learned senior counsel has made a request that the private operators be made party in the present appeal. We will consider this request on the next date of hearing.
DB directed State to convene a meeting with the private operators and place report on this issue before us before the next date. JNF |
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