Recently, the Patna High Court has rejects PIL seeking airport in all districts of Bihar.

The division bench comprising, Chief Justice K. Vinod Chandran and Justice  Madhuresh Prasad said -

“such decisions are purely a matter of policy for the respective governments and involve considerations of financial viability.”

Further, the Court said that the claim made in the 31 writ petitions “shocks the judicial mind” and goes beyond the court’s jurisdiction to interfere in such policy decisions.

During the proceedings, the petitioner’s counsel referred to a previous order dated February 27, 2023, where a Division Bench provided a tabular form indicating the existing airports and airstrips in Bihar. The tabular form revealed that out of the 31 airports/airstrips in Bihar, only three were operational for civil flights, namely Patna, Gaya, and Darbhanga.

The remaining airports were non-operational, and encroachments had occurred on the land. The Airport Authority of India (AAI) had requested land from the State Government for certain airports.

On the other hand, the State Government, through the Advocate General, informed the court that its focus was on developing airports at Patna, Bihta, Gaya, Darbhanga, and Purnea. The proposed airports at Patna, Gaya, Darbhanga, and Purnea were expected to serve multiple districts, ensuring that every district in Bihar would be within 100 kilometers of an airport.

The Division Bench acknowledged that decisions regarding airport establishment were the prerogative of the executive branch and not within the purview of the High Court under Article 226 of the Constitution of India. However, considering the proposal for an airport at Purnea and the maintenance of non-functional airports, the court entertained the PILs.

It directed the District Magistrates to identify and remove encroachments on airport lands and urged the AAI, Union Government, and State Government to formulate a comprehensive plan for the maintenance of non-operational airports and airstrips in Bihar.