
The Bombay High Court on Tuesday dismissed a Public Interest Litigation (PIL) petition seeking a direction for the Ministry of Civil Aviation to name Navi Mumbai airport after D B Patil, based on the Maharashtra Government’s proposal. The court noted that it has no powers to issue a direction to the ministry to take a decision on a proposal of the state government, which is only an expression of an intention.
The petitioner submitted that the purpose behind the filing of the petition was “to avoid any future unrest” in Mumbai and Navi Mumbai.
However, the bench noted, “To begin with, we would indicate that a writ court exercising powers under Article 226 of the Constitution of India shall have no powers to issue a direction to the Ministry of Civil Aviation to take a decision on the proposal posed by the State of Maharashtra.”
The bench also stated that in legal parlance, “a proposal is only an expression of an intention and the decision thereof can be taken as per the extensive regulations and statutory provisions.”
“This writ petition seeking mandamus to the Ministry of Civil Aviation does not lie also for the reason that the petitioner Sanstha has failed to demonstrate that it has a legally enforceable right in law and the corresponding duty upon the respondents are not being discharged by them. Thus, petition is dismissed,” the bench said in its order.
On October 3, Chief Minister Devendra Fadnavis said that “it has been assured that the airport will be named Loknete D B Patil Navi Mumbai International Airport” and that a proposal for it was recently presented to Prime Minister Narendra Modi, “who has given a positive response”.
Modi inaugurated phase one of the airport on October 3 but flights are yet to start operations from there.