Excelsior Correspondent
JAMMU, Apr 8: In the Public Interest Litigation (PIL) filed by Advocate Ravi Abrol seeking up-gradation of Jammu airport, Division Bench of State High Court comprising Chief Justice Gita Mittal and Justice Sindhu Sharma today passed several directions to the State.
After hearing Senior Advocate Sunil Sethi with Advocate Ravi Abrol for the PIL whereas Senior AAG SS Nanda for the State and Advocate Inderjeet Gupta for the Airport Authority of India, the DB observed, “Senior Advocate Sunil Sethi has placed before us minutes of meeting held on 26th of February, 2019 under the chairmanship of the Chief Secretary of the State”, adding “regarding construction of new green field airport at Jammu, it has been pointed out that in view of the commitment of Airport Authority of India steps need to be expeditiously taken by the State Government to make available 2000 acres of land”.
“State has submitted that the financial implication in providing the land free of cost is a serious matter”, the DB observed and directed that 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”, the DB added.
Regarding handing over of possession of 27 kanals and 2 marlas land adjacent to Jammu Airport, Senior Advocate submitted that the acquisition of this land stands completed in accordance with the provisions of Land Acquisition Act, inasmuch as, the entire compensation which was awarded by the Land Acquisition Collector stands paid to the land owners way back in the year 2008. It was further submitted that in accordance with the statutory provisions 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 stand disbursed to the land owners, who, in law, can claim nothing else”, the DB said, adding “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”.
The DB further observed, “it is also inexplicable as to how a dispute inter se the Government Departments— Revenue, Flood Control Department and Defence Estates Officer Jammu, could not be resolved from 2008 till 2019 with regard to the land measuring 58 kanals and 8 marlas which stands identified for rehabilitation of the erstwhile land owners”, adding “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”.
“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”, the DB said.
Accordingly, DB directed respondents to file a status report regarding the construction of the new civil terminal at Jammu Airport and temporary parking facility before the next date of hearing.
“The point where passengers have to submit themselves for security clearance is 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”, the DB observed, adding “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”.
Accordingly, DB directed that the State Government to 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 terminal. “Let a status report in this regard shall be placed before us within four weeks from today”, the DB added.
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 up to 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 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, Senior Advocate Sunil Sethi 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”, the DB said and directed State to convene a meeting with the private operators and place report on this issue before the next date.
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