The Meghalaya High Court has issued a firm directive to the State Cabinet, instructing it to finalize a decision within three weeks on a proposal that would allow the government to purchase 11.7 acres of private land through mutual agreement. This move is a crucial step for the much-needed development and expansion of the Shillong Airport.
A division bench consisting of Chief Justice I. P. Mukerji and Justice W. Diengdoh emphasized the importance of this decision in a Public Interest Litigation (PIL) concerning the airport’s modernization. The Court also stated that, if the Cabinet approves the land purchase through private treaty, the acquisition process must be completed within the following eight weeks.
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“We think that this proposal for acquiring land by private treaty is most reasonable in the circumstances,” the Court observed, urging the Cabinet to act promptly.
Currently, the Shillong Airport can only accommodate small aircrafts such as ATRs due to the limited size of the runway. Larger jet aircrafts cannot land or take off from the airport, especially during windy weather or low visibility, leading to frequent cancellations. The Court noted that this situation not only inconveniences travelers and tourists but also adversely affects the State’s economy.
“Shillong is the capital of Meghalaya. It has only one airport… Frequent flight cancellations cause great inconvenience and harm to the economy,” the bench remarked.
The total area needed for the airport expansion is around 22 acres. Of this, 10.3 acres are under the control of the Defence Department, while the remaining 11.7 acres belong to private individuals. The Defence authorities have already agreed to hand over their share of land to the Airports Authority of India on a leave and license basis.
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According to submissions made by the Advocate General, acquiring land through the Land Acquisition Act would be time-consuming and uncertain. Therefore, the State prefers to buy the private land directly from the owners. The proposal for this purchase is currently awaiting Cabinet approval.
The Court also took note of the Central Government's role in the project. The Deputy Solicitor General informed the bench that a tender worth ₹150 crores has already been floated for construction work, which will take approximately 18 months once the agreement is signed. Environmental clearance from the Ministry of Environment and approval from the Director General of Civil Aviation (DGCA) are still pending.
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“After land has been acquired and tenders have been invited for construction… there is no scope for DGCA or Ministry of Environment to hold up sanction,” the Court stated, directing both authorities to expedite approvals.
The bench directed the concerned Central authorities to fast-track their decisions so the airport could be operational within two years or sooner. Additionally, the Advocate General and Central Agencies were ordered to file a detailed report on actions taken in line with the Court’s instructions.
The matter is scheduled to be heard again on May 15.
Case Title: Registrar General, High Court of Meghalaya v. Managing Director, INDIGO
Case No.: PIL No. 4/2021
