Registrar General, High Court Of Meghalaya v. State Of Meghalaya
2015-11-19
S.R.SEN, T.NANDAKUMAR SINGH, UMANATH SINGH
body2015
DigiLaw.ai
ORDER : T. Nandakumar Singh, J. 1. Mr. P. K. Rai, learned senior counsel, assisted by Mr. P. Yobin, learned counsel, appears for the petitioner. 2. Mr. K. S. Kynjing, learned Advocate General, assisted by Ms. Y. Shylla, learned GA, represents the State respondents. 3. Mr. K. Paul, learned counsel, is present for respondent No. 3. 4. Looking to the great public interest involved in the matter, as the expansion of the Umroi Airport which has also been found to be of great strategic importance from defence point of view is pending since 1961 even after allocation and investment of a huge public fund, this Court has taken up the issue on the judicial side. At the very outset, we record our note of appreciation for the Ministry of Defence and also the Airport Authority of India for extending full co-operation in the exercise, but our great disappointment over the lukewarm attitude of State bureaucracy which rather seems to be interested in impeding the progress of the product (for the reasons required to be investigated by fixing criminal liability) and to foil the success of the project. The Ministry of Defence is ready to hand over 32 acres of its land in exchange of a suitable State land or acquired land of equal size and value for expansion of the Umroi Airport, Shillong. In the morning session, we orally directed the learned Advocate General to seek the intervention of the Chief Secretary, and if he is not seriously occupied, to advise to remain present in Court with the file of the case for assistance. However, when the matter is taken up in the afternoon session, learned Advocate General informs that the Chief Secretary, Meghalaya, is pre-occupied for video conferencing with the Cabinet Secretariat of Government of India. Let a personal affidavit to that effect duly sworn by the Chief Secretary be filed before next date of hearing when he shall also remain present in Court with proposals for transfer of the State land or acquired land to the Ministry of Defence in exchange of the Defence land being taken possession of today for expansion of the Airport. 5. Mr.
5. Mr. K. Paul, learned counsel appearing for Ministry of Defence, states that the Airport Authority of India can take possession of the defence land even today as the same has already been identified and proposed to be transferred by the Ministry for the expansion of the Umroi Airport. A Proposal to the effect has already been submitted to the State Government and also filed in the Registry. The proposal on reproduction would read as: "Proposal by the Union of India Local Military Authority (Umroi Military Station) will hand over 32 acres of defence land as required for Airport immediately after survey and demarcation to whichever authority concerned and also forthwith issue NOC for expansion of the Umrio Airport. As far as exchange land is concerned for handing over to the Defence authorities, all proposals (submitted by the Local Military authority as well as the State Government) shall be examined by the Civil Authorities of the State and after identification and survey of the same and on acceptance of the proposal by all Defence authorities including the Ministry of Defence (MOD), the same shall be acquired by the State Government and handed over to the Defence Authorities within a period of six months from today. That the Chief Secretary of the State of Meghalaya on behalf of the State of Meghalaya gives a written undertaking to this Hon’ble Court that the exchange land in lieu of the defence land being handed over for the Umrio Airport shall be identified and acquired after completing all formalities and handed over to the Defence authorities within a period of 6(six) months from today. Dated: Shillong The 19th of November 2015" 6. That being so, the Airport Authority of India shall proceed with the project for expansion of the Umroi Airport, Shillong. 7. The Defence land measuring 32 acres, as identified by the authorities and agreed to and ordered by the Defence Ministry for transfer to the Airport Authority of India, for the expansion of Umroi Airport, Shillong (a project also considered important from defence strategic point of view) shall be transferred to the Airport Authority for possession forthwith and possibly today itself, for starting the construction of boundary wall of the Airport. 8. List the matter on 24.11.2015.