Sanjeev Poddar vs Union of India and Others

Defects ignored. Heard learned counsel for the parties.

A sum of Rs. 150 crores has already been spent for construction of new Terminal Building of Birsa Munda Airport, Ranchi. According to learned counsel for the petitioner, the new Terminal Building of Birsa Munda Airport, Ranchi is ready for use but it cannot be used only because of absolutely unnecessary dispute.

Learned counsel for the Airport Authority of India, respondent No. 6, Mr. Rajeev Ranjan submitted that the land belongs to Airport Authority.

Learned counsel for the Union of India submitted that as per his knowledge, the said land is belonging to an unit under the Defence Ministry.

Without going into other aspects of the matter and taking into account only one fact that new Terminal Building of Birsa Munda Airport, Ranchi has already been constructed by spending Rs. 150 crores and is ready for use, we are of the considered opinion that the way out is required to be worked out by the Ministry of Defence by sitting with the officers of the Airport Authority of India.

We are making it clear that spending of Rs. 150 crores for construction of new Terminal Building of Birsa Munda Airport, Ranchi cannot be undone and, therefore, solution is required to be found out by the Union of India at any cost which has not been objected to the construction of the building near Birsa Munda Airport, Ranchi for public benefit by spending Rs. 150 crores. The Department of Ministry of Defence, if is in possession of the land, which can be used for the way and can be handed over even if it is belonging to the Ministry of Defence, then also such step be taken for handing over it to the concerned authority i.e., Airport Authority of India for the way to new Terminal Building of Birsa Munda Airport, Ranchi keeping all issues apart like any compensation for the land or land in lieu of land etc. which can be resolved and can be decided later on by the Ministry of Defence with the Government and Airport Authority of India through give and take and bargaining etc. The issue of providing land for the way to new Terminal Building of Birsa Munda Airport, Ranchi shall not be deferred by any of the respondents which includes Union of India as a whole and who are to come under the different Departments of Union of India under Ministry of Defence or else etc.

We are also of the considered opinion that such issue should not have been lingered so as to compel the general public to approach this Court by filing the writ petition in the form of Public Interest Litigation. This Public Interest Litigation is the out-come of not following the National Litigation Policy which is the prima facie opinion of the Court.

Keeping the spirit of this order in mind, all the respondents, Union of India and especially the Ministry of Defence, are directed to take a decision by or before 30th November, 2012 in this matter.

The above direction of sitting together shall apply to all concerns so as to arrive at for out-come and no excuse shall be accepted from the side of any of the Department of Government including State and Union of India. The communication in this regard be made by sending E-mail and by talking on telephone and no lame excuse of sending letter and not receiving the letter will be accepted by the Court in the present time of advanced technology for which thousands of crores rupees have been spent by the Union of India for working together with all the Departments under all the Ministry.

A copy of this order be given to learned counsel for the petitioner, learned counsel for the State, learned counsel for the Airport Authority of India as well as learned counsel for Union of India. List this matter on 3.12.2012.