The Patna high court has directed the Centre, Bihar government, and the Airports Authority of India (AAI) to consider afresh, within three months, the development of a greenfield airport in the state as an alternative to Patna and Bihta airports.
A division bench of chief justice Sanjay Karol and justice Partha Sarthy, however, refrained from passing any direction on the construction of an airport at a particular location, saying it fell within the domain of public policy, even as it disposed of the petition that had sought a greenfield airport in Saran.
With particular reference to Saran, the court asked the authorities to decide on objective grounds, against the backdrop of surveys and preparation of a feasibility report.
In the long run, the advantages of developing a greenfield airport in Saran were more as compared to Bihta, as per an AAI feasibility report.
“After a lapse of 17 years from the time when the need for a greenfield airport was first felt in 2006, suitable land has been found in Saran, as indicated by the feasibility report. Union Government cannot take the stand that the land is not being provided by the state, effectively ‘holding hostage’ in a ‘tug of war between the Centre and the state’, the 12 crore citizens of Bihar. The legislature has equipped AAI with sweeping powers in civil aviation and has cast a duty to ensure safe air travel and to connect all parts of the country,” the bench observed.
It also observed that the state’s contentions about the Bihta civil enclave having the capacity to be developed as an international airport or the pliability of wide-bodied aircraft at Bihta were not supportive of it being an airport conceptualised as a greenfield airport.
The court, however, refrained from making any observation about the risky nature (short runway) and location (within the city limits) of the Patna airport, as also the various reports classifying it as critical.
The court had set aside the arguments of the government of Bihar, which opposed the writ petition primarily on three grounds.
The court, while setting aside the state’s contention that the petitioner had no locus standi and was using it as an opportunity for personal gain, said: “…the development of an airport within the state is a matter of common benefit and will, irrespective of the location upon which greenfield airport is built, greatly bolster connectivity of the state of Bihar with other states as well as countries while also providing considerable opportunity of employment to the people of the state.”
On the state’s argument with respect to developing a greenfield airport being a policy decision, and the court’s limitation in adjudicating such matters, it said, “…this Court intends, not expressing any view, whatsoever, towards the petitioner’s specific prayer of a greenfield airport being developed at Saran, and, instead considering the multitude of issues surrounding the Jai Prakash Narayan International Airport, Patna, would only urge the governments and various authorities to take further their discussion on the greenfield airport to its logical end, which would be in favour of the people of the state.”
This is the first time that the Patna high court had directed the Centre and the state governments on the development of a greenfield airport in Bihar.
The HC had completed the hearing in the case on December 20 and reserved its judgement, which it delivered on Saturday.
Abhijeet Kumar Pandey, a resident of Patna, had filed the petition, requesting the court to direct the state and Central governments to develop a greenfield airport in Saran.
Saran MP Rajeev Pratap Rudi and Sanket, both advocates, assisted senior advocate Jitendra Singh on behalf of the petitioner.
Bihar has 31 airstrips, of which only five are functional. Gaya and Patna airports are two operational AAI airports. Darbhanga is an operational AAI civil enclave under the Indian Air Force. Bihta and Purnia, which are functional defence aerodromes, are proposed to have civil enclaves to be developed by the AAI.
The state does not have a greenfield airport.
To date, in-principle approval has been accorded for 21 greenfield airports across the country under the Greenfield Airport Policy. Previous to the introduction of the policy, there were only three greenfield airports in the country, whereas today there are 11 operational greenfield airports.
