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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19609 of 2024 ======================================================
1. Umraw Prasad Nirmal S/o Jhori Singh, R/o Main Bazar Badi Sangat Kuar, Rajgir, Dist. Nalanda. 2. Randheer Ranjan, S/o Sheo Kumar Prasad, R/o Mohalla Kagji Mahalla, P.O. and P.S. Biharsharif, Dist. Nalanda. 3. Ramjanm Singh, S/o Sukhdev Singh, R/o Village Nakatpur, P.O. Naraura, Dist. Nalanda. 4. Anil Kumar, S/o Late Krishan Prasad, R/o and P.O. Ben, Dist. Nalanda. 5. Pankaj Kumar S/o Rajkur Singh, R/o Village Nai Pokhara, Rajgir, P.O. and P.S. Rajgir, Dist. Nalanda. 6. Gajadhar Malakar, S/o Rajendra Malakar, R/o Shyam Nagar, P.O. Pachauri, P.S. Deepnagar, Dist. Nalanda. 7. Rajeev Kumar, S/o Umakant Singh, R/o Kaghji Mohalla, P.O. Alinagar, P.S. Biharsharif, Dist. Nalanda. 8. Pramod Kumar, S/o Rajendra Prasad, R/o Gurukul Vidyapith School, Patel Nagar, Rai Sarai, P.S. Biharsharif, Dist. Nalanda. 9. Alakhdeo Prasad, S/o Ramotar Yadav, R/o village - Asthawan, P.O. and P.S. Asthawan, Dist. Nalanda. 10. Ashok Kumar, S/o Yaddu Prasad Tanti, R/o 29 (4) Amber Siristal, Biharsharif, Dist. Nalanda. 11. Arvind Kumar S/o Bhatu Singh, R/o Behind of Sogra High School, Tikulipur, P.S. Biharisharif, Dist. Nalanda. 12. Avay, S/o Rajendra Prasad, R/o Village Karkayan, P.O. Karkayan, P.S. Ghoswari, Dist. Patna. 13. Rajni Devi, W/o Ashok Singh, R/o Village Kuseri, P.S. Shekhpura, Dist. Shekhpura. 14. Ajay Kumar, S/o Musafir Yadav, R/o Beechhi Kuwa, Paschmi Bhag, P.S. Rajgir, Dist. - Nalanda. 15. Bipin Kumar Singh, S/o Ramchandra Prasad Singh, R/o Co-Oprative Colony, P.O. Marar, P.S. Ramgarh, Dist. Ramgarh (UP). 16. Amit Kumar, S/o Anil Singh, R/o Village Bagodar, P.O. Baijnathpur, Dist. Nalanda. 17. Rajesh Kumar, S/o Umashankar Singh, R/o Village Khapura, P.O. Pakribrawan, P.S. Bhagwanpur Khapur, Dist. Nalanda. ... ... Petitioner/s Versus
1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2. The Principal Secretary, Water Resources Department, Govt. of Bihar, Patna. 3. The Chairman, Bihar State Ground Water Authority, Patna. 4. The District Magistrate, Nalanda. Patna High Court CWJC No.19609 of 2024 dt.10-01-2025 2/3
5. The Chief Engineer, Bihar State Ground Water Authority, Patna. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate For the Respondent/s : Mr. P.K. Shahi, Advocate General ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-01-2025 The writ petition is filed against a proposal to establish an airport at Rajgir.
The main contention is that the proposed land sought to be acquired for the purpose of construction is crisscrossed with water bodies and irrigational channels which are essential for the sustenance of ground water, irrigation and mitigation of floods. It is also averred that there is an international airport situated at Gaya and the present proposal is in violation of the policy and guidelines for setting up of green field airports within an area of 150 kilometers of the existing airport. 2. At the outset we have to notice that Annexure-1 dated 26.08.2024 is only the initiation of a proposal for acquisition of lands required for the proposed airport. The petitioners and the various other persons have filed representations which have been reckoned at Annexure-A/4. Patna High Court CWJC No.19609 of 2024 dt.10-01-2025 3/3 Annexure-A/4 specifically indicates that the Collector would consider the grievances of the petitioners. 3. As far as the establishment of a green field airport is concerned it is not as if there is a complete prohibition as per Annexure-P/8. Contrary to the contention raised by the petitioners, it is seen that Annexure-P/8 only requires a decision by the Government, on a case to case basis for establishment of a green field airport proposed to be set up within 150 kilometers of an existing civilian airport. 4. We find absolutely no reason to entertain the writ petition which is premature. When we expressed our opinion, the learned Senior Counsel sought withdrawal of the writ petition. 5. Hence, on the request of the learned Counsel for the petitioners, the writ petition stands dismissed as withdrawn. Anushka/- (K. Vinod Chandran, CJ) (Partha Sarthy, J) AFR/NAFR CAV DATE Uploading Date 15.01.2025 Transmission Date