Meghalaya High Court Directs Cabinet To Finalise Land Deal For Expansion Of Shillong Airport Within Three Weeks

The Meghalaya High Court recently directed the State Cabinet to take its decision within three weeks on the proposal to enable purchase of 11.7 acres of land from individual owners by private treaty for the development and expansion of the Shillong Airport.The division bench of the Chief Justice I. P. Mukerji and Justice W. Diengdoh further directed that if the said cabinet decision is in favour of acquisition of land by private treaty, the transfer of 11.7 acres should be completed within a further period of eight weeks.The Court was hearing a PIL concerning development and expansion of the Shillong Airport, so that it can accommodate large jet aircrafts. From the submissions made by the Counsels appearing for the parties, the Court noted that the contemplated airport would not be operational before two years or so from date, assuming that the progress of work is made at the rate estimated, on instruction.“Shillong is the capital of Meghalaya. It has only one airport. Only light aircrafts (ATRs) or aircrafts similar to it can operate in this airport as its area is small and the runway short and not deep enough for larger and heavier aircrafts to land or take off. As a result, even when there is a brisk breeze or diminished visibility, aircrafts are unable to land or take off from this airport. Hence, there is frequent cancellation of flights. The absence of any flight operating from the capital, causes great inconvenience to people and to the tourists visiting the State. It is also detrimental to its economy and general welfare,” the Court said.It was further observed by the Court that total land required for expansion and development of the airport is about 22 acres, out of which the defence land proposed to be utilised is 10.3 acres and land from private owners, 11.7 acres. The Court was apprised that the Defence department is already prepared to provide the 10.3 acres to the Airports Authority on leave and licence basis. The Advocate General submitted that 11.7 acres of private land proposed to be utilised would be purchased by the government from individual owners and not acquired under the Land Acquisition Act as the latter method would be time consuming and uncertain in its ultimate outcome.It was further submitted that the proposal to enable purchase of 11.7 acres of land from individual owners by private treaty is before the State cabinet for approval. “We think that this proposal for acquiring land by private treaty is most reasonable in the circumstances. We request the cabinet to immediately approve this proposal on such terms and conditions it thinks fit and proper for speedy completion of the work,” the Court remarked.The Deputy Solicitor General submitted that a tender valued at Rs. 150 crores has been issued for construction of the expanded airport. It was further submitted that from the date of entering into the agreement it would take 18 months or so to complete the construction. Environmental clearance has to be obtained from the Ministry of Environment. Furthermore, the Director General of Civil Aviation is required to approve the proposal. “After land has been acquired and tenders have been invited for construction of a new airport, there is no scope whatsoever for the Director General of Civil Aviation or the Ministry of Environment to hold up sanction of any plan for airport expansion. Both the authorities are directed to forthwith formulate, modify or approve the required plan for expansion of this airport,” the Court noted.It directed the above-mentioned Central authorities to take most expeditious steps so that this timeline can be shortened and the airport made operational before two years. The Court directed the Advocate General and the Central Agencies to submit a report as to the action taken or action contemplated in terms of the present order.The matter is listed again on May 15. Case Title: Registrar General, High Court of Meghalaya v. Managing Director, INDIGOCase No.: PIL No. 4/2021Click Here To Read/Download Order

Meghalaya High Court Directs Cabinet To Finalise Land Deal For Expansion Of Shillong Airport Within Three Weeks

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