'If State doesn't want, Court cannot force development down the administration’s throat': Meghalaya High Court seeks State's considered opinion on new airport

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Synopsis

The above transpired in a Public Interest Litigation (PIL) wherein the high court has clubbed a bunch of petitions pertaining to the development and possible expansion of the facilities at the existing Umroi Airport and the establishment of a bigger airport in the State. 

The Meghalaya High Court recently expressed its displeasure over the lack of attentiveness that the State Government of Meghalaya is showing in establishing a full-fledged and bigger airport in the State which will cut the traveling time between Guwahati and Shillong.

Stressing that there is a lack of economic development in the State, the bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh asked the State Government to indicate its considered opinion on whether it needs or wishes to have a bigger airport.

Court said, 

"If the administration does not want development or is not proactive in such regard which may create job opportunities for the residents in the State upon ensuring that the ecological balance and the environment are not disturbed to any great extent, the Court cannot have an agenda of its own to force development down the administration’s throat."

The above transpired in a Public Interest Litigation (PIL) wherein the high court has clubbed a bunch of petitions together to the development and possible expansion of the facilities at the existing Umroi Airport and the establishment of a bigger airport. 

In pursuance of Court's earlier order, the State Government filed a status report which showed that despite an Expression of Interest from the general public being sought, pertaining to the projects for a new airport, and the time for receiving responses thereto being extended, only a few responses have been received by or about July 6, 2022 which the State Government is yet to process. Therefore, State sought further time to report on the matter.

On the other hand, the Airports Authority of India (AAI) argued that the exercise of inviting offers may not yield any fruitful result since the State has to identify suitable areas in consultation with the AAI before negotiating with the owners of the land and take steps for outright purchase or for acquisition in accordance with law.

In this context, the AAI pointed out that there is considerable difficulty in even supplies being sought for a small airport at Umroi since bidders are required to obtain a trade license to be eligible even to bid.

Court was further informed that the Khasi Hills Autonomous District Council, under whose jurisdiction the airport at Umroi operates, imposes arbitrary license fees and certain officials make extortionist demands.

AAI submitted that it has made complaints in such regard to the State Government but to no avail.

The Additional Solicitor General of India appearing for AAI asserted that the development of an airport will lead to several ancillary businesses coming up and will be a boost for economic development in the State, including its fledgling tourism industry.

To this, Court said that indeed if the suggested development measures are taken by the State Government, it would enure to the benefit of the State, however, at the end of the day it is for the State Government to take a call.

"It is a matter of policy that the State has to decide on and as to what, in the administration’s opinion, may be best suited for the State and its residents, particularly keeping in mind the growing aspirations of the more educated young citizens," Court observed. 

Accordingly, stressing that it is hoped that the State will find appropriate measures to identify and obtain the land needed for a proper airport, if the State desires that such a project be undertaken, Court sought State's considered opinion on the issue and posted the matter further hearing on August 1, 2022. 

Case Title: Registrar General, High Court of Meghalaya v. State of Meghalaya & Ors.