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| HC directs for expansion of Jammu Airport on war footing | | | Early times Report
Jammu, Apr 30: In petition filed by residents of area around civil airport seeking various directions including quashmnet of notice dated November 24, 2005 under land acquisition Act and also direction to respondents to allow the petitioners to construct/ repair their houses in their land owned and possessed by the petitioners and direction to respondents to rehabilitate already uprooted families and to make provisions for the rehabilitation for the families to be uprooted as a condition prior to the expansion of the airport and also seeking direction to shift the civil airport Jammu from the present place, Justice Virender Singh dismissed the petition with the observation that issue of expansion of existing runway of Jammu Airport is very vital for the purpose of economic development of the region and is likely to go long way. The cost of constructions of the terminal building, runway and the other buildings of the Airport Authority is about Rupees forty crores as reflected in the reply filed by Airport Authority of India. This may go further up. Since this expansion is definitely going to improve the efficiency of the transportation system of the State which undoubtedly is a significant factor towards the development of the area, Court further directed the concerned Authorities to take up the project on war footing and complete the same as early as possible, as it has already suffered much delay on account of judicial wrangles. Court clarified that this judgment should not be taken by the State as an embargo on its sovereign power to formulate a rehabilitation policy in favour of the petitioners if it deems it appropriate. As there is no Policy of the State in vogue which would provide for rehabilitation of the writ petitioners, therefore, this Court will not be legally competent to issue direction for rehabilitation of the petitioners in exercise of its writ jurisdiction. Consequently, the argument advanced by Sr. Adv DC Raina for the petitioners on this aspect is also bereft of any merit in it. As a sequel to the aforesaid discussion, Court do not find any merit in the instant petition and the same is thus dismissed along with CMP (s), if any, without any order as to costs. Interim direction, if any, shall stand vacated. In this petition Sr. Adv DC Raina with Advocates FA Natnoo, Anil Verma appeared for the petitioners whereas Inder Jeet Gupta appeared for the Union of India and AAG AH Qazi appeared for the State.
In the approved for reporting judgment, the petitioners challenging the notification dated October 24, 2005 for acquisition of land for the purpose of expansion of Jammu Airport by extending its existing run way situate in village Satwari and Narwal Pane, Tehsil and District Jammu, State of Jammu and Kashmir on the requisition of Airport Authority of India (hereinafter to be referred to as "AAI") initiated acquisition process under the provisions of the State Land Acquisition Act, 1990 (1934 A.D.) (hereinafter to be referred to as "Act") in year 2005 for acquiring the land in the vicinity of the Airport by issuing notification dated 24-11-2005 in terms of section 4 of the Act. (JNF)
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