In the matter of Nikhil Singh Vs. Union of India & Ors. , the Division Bench comprising Acting Chief Justice Chakradhari Sharan Singh and Justice Madhuresh Prasad has directed all the District Magistrates of the State to take immediate actions to Identify Encroachments existing over the Lands meant for Airport.

“As would be evident from the chart supplied by Dr.K.N. Singh, learned Additional Solicitor General of India, most of the Airports/Airstrips in the State of Bihar are non-functional. It has emerged during the course of hearing of these matters that substantial unauthorised encroachments have been caused by the local inhabitants over the lands belonging to the state government/AAI/MoD meant for the Airports/Airstrips in the state of Bihar. It has also emerged that such lands are not properly maintained and have remained uncared.” Division Bench noted.

The Counsel member for the Union of India, Dr K.N. Singh, the Additional Solicitor General Of India, submitted a list of Airports/Airstrips in the State of Bihar, from which it transpired that out of 31 Airports/Airstrips in the State of Bihar, 21 are owned by the State Government, 5 belong to the Ministry of Defence and 7 including 2 Civil Enclaves belong to Airport Authority of India.

He also mentioned that AAI has built boundary walls at Raxaul, Muzaffarpur, and Jogbani airports and AAI officials visit them occasionally for maintenance. The district administration provides assistance if needed. AAI plans to develop a Civil Enclave at Purnea Indian Air Force Airport, and 21 state government airports and three AAI airports have been included in UDAN for development and operationalization.

On the other hand, Adv. General submitted that the State Government is focusing its efforts to develop airports at Patna, Bihta, Gaya, Darbhanga and Purnia.

After an Examination, the Bench observed that it a matter exclusively within the domain of the executive whether a particular place should have an airport or not, and the High Court exercising writ jurisdiction under Article 226 of the Constitution of India does not normally interfere in such matters.