IN THE HIGH COURT OF
KARNATAKA AT BANGALORE
DATED THIS THE 18TH
DAY OF NOVEMBER, 1998
PRESENT
THE HON’BLE MR.
JUSTICE Y BHASKAR RAO
AND
THE HON’BLE MR.
JUSTICE A.M.FAROOQ
W.P. NO. 37681/1997
Between :
- Arthur
J Pereira
S/o late Thomas Pereira
r/o Koramabar
Bajpe Post
Mangalore-574142
- Rev.
Fr. Ronald D’ Souza
aged 37 years
parish priest
Adyapady post
via Bajpe
Mangalore-574142
- Dalita
Sangarsha Samithi
Dakshina Kannada District Unit
Sunder Ullal, kapikad
3rd Floor, Pereira Hotel
Opp. Govt. college
Mangalore-575001
represented by its
District convenor
- Manjappa
puthran
S/o late angara
Aged 35 years
r/o malavoor padavu
Kenjar village & post
via Bajpe
Mangalore Taluk – 574142
- Sadashiva
Bhat
s/o Venkatesh Bhat
aged 50 years
Archak, Adyapady
Adinatheshwara Temple
Adyapady Village & Post
Via Bajpe
Mangalore
- Yuva
Vedike ®
Sadashiva Bhat
Adyapady Adinatheshwara Temple
Via Bajpe
Mangalore-574142
represented by its Secretary.
- G.I.
Sheikabba
A/o late Abdul Kadar
aged 54 years
President, school Betterment Committee
Adyapady Hr. Primary School
Via Bajpe
Mangalore-574142
- I
Sheikabba
s/o late Abdul Kadar
aged 54 years
President, Thakviathul Islam
Madrasa
Gandhi Katte, Adyapady
Via Bajpe
Mangalore-574142 Petitioners
( By Sri Sanath Kumar
Shetty – Adv. )
And :
- Union
of Indeia
Ministry of Civil Aviation
R G Bhavan
Safdar Jang Airport
22 Akbasr Road
New Delhi 110001
represented by is
Director General
- Chairperson
Airports Authority of India
R G Bhavan
Safdar jang Airport
New Delhi 110003
- State
of Karnataka
Revenue Department
M.S.Building
Dr. Ambedkar Veedhi
Bangalore by its Secretary
- Ministry
of Environment and
Forests, Paryavaran Bhavan
Cgo Complex, Lodhi Road
New Delhi 110003
Rep. By the Secretary to the
Govt of India.
- Karnataka
State Town and
Country planning Board
M.S Building
Dr. Ambedkar Veedhi
Bangalore-560001
represented by its Director
- Karnataka
State Pollution
Control Board
Public Utility Building
M.G.Road
Bangalore – 560001
represented by its MemberSecretary
The Deputy Commissioner
Dakshina Kannada District
Mangalore-575001
- Central
Pollution Control Board
Parivesh Bhavan
East Arjuna Nagar
New Delhi
- 9.
Dept of Ecology
Environment and Forests
Government of Karnataka
M.S.Building
Bangalore-560001
Rep. By the principal Secretary
- Zilla
Panchayat
Dakshina Kannada District
Mangalore-575001
Rep. By its chief Executive officer
- Mangalore
Urban Development
Authority, Ballal Bagh
Mangalore
Represented by its Commissioner
- Mangalore
Mahanagara Palike
Corporation Building
Lal Bagh
Mangalore
Represented by its Commissioner
Respondents
( By Sri N Devada -
Addl. CGSC, for R1 & R4
Sri K G Raghavan – Adv for R2
Sri D Nagaraj – Adv for R6
Sri SN Aswa5thanarayana – Govt Adv
for R7 & R9
Sri P S Rajagopal – Adv for
R8)
Writ petition is filed under Artices 226 of the
constitution praying to direct the respondents not to proceed with the said
project except in accordance with law etc..
This writ
petition coming on for pronouncement of order today, FAROOQ, J.., made the
following:
ORDER
In this writ petition filed as a public interest
litigation, the petitioners have sought for a writ of mandamus directing the
respondents not to proceed with the Air Port Project in Mangalore except in
accordance with law.
- Bajpe
Air port is situated about 20 Kms from Mangalore city. It is alleged to be
a tabletop airport with a runway strip of 1,700 meters approximately.
There is a proposal to build another airport stretching east to south west
comprising lands of different villages which are situated about 100 meters
above sea level According to the petitioners, the location is surrounded
by steep hillocks all around except on the north eastern side. Petitioners
state that they had filed objection to the Airport Project in view of the
dangers involved in selecting the site and according to them the
authorities without considering any social, economic and environmental
impacts in constructing the airport are proceeding in developing the
airport without conforming to the mandatory requirements for the various standards
set out for airport construction like the National Building Gate of India
as per the Bureau of Indian Standards Act and the International Standards
and Recommended Practices for Aerodromes of all the International Civil
Aviation Organisation ( AICAO) to which our country is a contracting party. The petitioners have
pointed out many limitations and obstacles and dangers in proceeding with
the project, consideration of various
necessary facts contained in various enactments to be gone into before proceeding
with the project.
- The
second respondent in the writ petition is the Airport Authority of India
who has filed detailed objection to the writ petition. It is stated that
the petitioners have no locus
standi to file the writ petition and that they are not canvassing any
public interest but they are merely busy bodies and meddlesome interlopers
who have no interest in the promulgation of the project. That the second
respondent has no part to play in the allocation 0f the land which is done by the Central
Government. While denying that the present airport, at Bajpe in Mangalore
is a very dangerous airport , it
is stated by the second respondent
that the airport has been in existence and use for more than four decades
and the only incident of an accident which is mentioned by the petitioners
in their writ petition was a freak mishap which occurs even in the world’s
best airport which is equipped with the most advanced safety systems. It
is stated that as on date no land has been transferred to the airport
authority and it is only after the land is transferred to it. It can
procure clearance from the Ministry of Environment and Forest and get such
other necessary reports from the concerned authorities to proceed with the
airport project. It is also stated that the feasibility reports alleged by
the petitioners in their writ petition is a preliminary feasibility report
and a final feasibility report and
a final feasibility report is to be prepared only after the land is
handed over to the second respondent. It is also stated by the second
respondent That the EIA report and
other environmental clearances which will be necessary will be submitted
to the Ministry of Environment in due course and a Statement is made by
the airport Authority the second respondent in this petition, that all
social, economic and environmental impacts of the project will definitely
be considered as and when the project progresses and that there is no
question of any violation of the standards and recommendations of the
International civil Aviation Organisation ( ICAO ). It is stated that the
fear of the petitioners that the runway is insufficient for any emergency
landing of a plane is without any basis since before the project is to
proceed, the authorities will be meeting the recommendations of the ICAO.
It is also stated that there is no basis for the allegations made by the
petitioners to the effect that the various safety measures have not been
followed. That on the other hand they will be getting all the relevant
materials described by the petitioners which will be followed in letter
and spirit without which the airport would not have been conceived in the
first place.
- Thus
it can be seen that the expnsion of Bajpe airport project is at the
initial stage and the second respondent has in their objections mentioned
above unequivocally stated that all the safety measures etc., stated by
the petitioners in their writ petition will be followed during the
progress of the project and nothing can be said before the lands are
handed over to the second respondent. Considering these facts, we are of
the view that the petitioners have rushed to this court before
commencement of the project itself
and the writ petition is premature. It
is not therefore, necessary to consider the various grounds taken
by the petitioners in the writ petition to allege that the respondents
have been proceeding with the project in a casual manner. There is nothing
to doubt about the statement made by the second respondent in their
objection statement and we are sure that the respondents will be taking
all necessary measures under the different enactments etc.., before
proceeding with the project in question. The writ petition stands
dismissed.