‘National Importance’: Gujarat High Court disposes of petition challenging acquisition of land for Mandvi airstrip expansion

The Friday order of the High Court Bench of Chief Justice Sunita Agarwal and Justice D N Ray, made available on Monday, stated that since the project is meant for defence purposes, the Gram Panchayat should “make a resolution for identification of alternative Gaucher Land” within its jurisdiction. The petitioners had contended that the alternative lands provided by the District Collector of Kutch were “too far away” and could not be used as Gaucher land.

The court order stated that an affidavit filed by the state government, “categorically stated that an area of approximately 9.15 lakhs sq. mtrs. for village Kathda and 21.75 lakhs sq. mtrs. for village Bhambdhai has been allotted by the Collector, Kachchh, as Gaucher land, in the alternative to the Gaucher land qua the utilised 8.50 lakhs sq. mtrs. Gaucher land for Kathda and 15,02,200 sq.mtrs. Gaucher land for Mandavi, which according to the respondent State is the nearest possible land available for identification as Gaucher land… The only issue raised before us by the petitioner, which is Gram Panchayat, is that the lands identified to be given in exchange for village Kathda is far away from the existing land and it is not possible for the villagers to use it for the purposes.”

During the course of the submissions before the court, Government Pleader G H Virk, who was appearing for the state government, had informed the court that the airstrip was in proximity to the international border and the state, in its affidavit, had stated that the airstrip was used by the Indian Air Force for exercises and drills. The affidavit also stated that while care had been taken to ensure that the impact on local residents was minimal, the expansion of the airstrip would allow safer landing of aircraft and was “of national importance”.

According to the court order, “As regards the grievance of the Gram Panchayat for identification for utilisation of the land-in-question, which is currently being used as a Gaucher land, pertinent is to note that the project-in-question is of National importance inter alia for defence purposes. The piece of current Gaucher land is adjacent to the existing Airstrip.”

Taking note of the issue raised by the petition, the court said that since the Kathda Gram Panchayat is the holder of the lands of the village panchayat in the entire village Kathda, the panchayat could identify any alternative land for Gaucher land and place it before the collector. “…it would be open for the Gram Panchayat to make a resolution and place it before the Collector. There is no need for us (High Court) to adjudicate on the issue of identification of the alternative land as Gaucher land for the simple reason that the entire land in the village-in-question is well within the jurisdiction of the Gram Panchayat being vested in it,” the court order stated.

The court order also said that other petitioners who impleaded along with the Kathada gram panchayat are “not permitted” to raise any issue with regard to the identification of Gaucher land, “inasmuch” and that the decision on the resolution of th Gram Panchayat in identifying alternative Gaucher lands, “if any, shall be taken as early as possible”.

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