Kamal Kumar Dubey (Died) Through Lrs vs Union Of India on 7 April, 2025

Chattisgarh High Court

Kamal Kumar Dubey (Died) Through Lrs vs Union Of India on 7 April, 2025

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        HIGH COURT OF CHHATTISGARH AT BILASPUR

                     WPPIL No. 37 of 2017

Kamal Kumar Dubey (Died) Through Lrs versus Union Of India &
                             Others
                           alongwith

                        WPPIL/67/2017

                          Order Sheet




07/04/2025        Proceedings of this matter have been taken through

             Video Conferencing.

                  Heard    Mr.       Ashish   Shrivastava,   learned   Senior

             Advocate assisted by Mr. Rahul Ambast and Ms. Hiya

             Sonchhatra, Mr. Sudeep Shrivastava, learned counsel for the

             respective petitioners, Mr. Y.S.Thakur, learned Additional

             Advocate General for the State, Mr. Ramakant Mishra,

             learned Deputy Solicitor General assisted by Ms. Anmol

             Sharma, learned counsel for the respondent/Union of India,

Mr. Anumeh Shrivastava, learned counsel for the respondent-
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Airport Authority of India, Mr. Shobhit Mishra, learned counsel

for the respondent-Indigo Airlines.

Mr. Anumeh Shrivastava, learned counsel appearing for

the respondent-Airport Authority of India submits that the

some parts of the DVRO has already been received at

Bilaspur and some are in transit and will be received within a

month, however, there is a laxity on the part of the

State/respondents and if the steps that are required for

installation of the DVRO is not taken by the State, then the

DVRO cannot be installed. He submits that till date, the civil

and electrical works have not been started for installation of

the said equipment.

Mr. Anumeh Shrivastava has further drawn attention of

this Court to the fact that once the DVRO is received and all

the execution works is completed, there would be

requirement of Communications, Navigation and Surveillance

Systems for Air Traffic Management (for short, the CNS/ATM)

officers who help in installation of the DVRO and the State

Government is required to make a formal request to the

Airport Authority and for the said purpose, the State

Government may make a formal request in the meantime so
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that further unnecessary time may not be spoiled.

Mr. Ashish Shrivastava, learned Senior Advocate has

drawn attention of this Court to the order dated 27.09.2024

passed by this Court according to which the State was

required to file the Detailed Project Report (for short, the

DPR) with respect to upgradation of the Bilaspur Airport from

3-C to 4-C category. He submits that the State has filed an

affidavit on 04.11.2024 stating that the work is under progress

but even after lapse of about five months, nothing has been

done by the State.

Mr. Sudeep Shrivastava submits that the State was

required to file affidavit on three issues, firstly with regard to

the building to be constructed for installation of the DVRO,

secondly the upgradation of the Airport from 3-C category to

4-C category and thirdly and the most important aspect which

is of transfer of the land which is in possession of the Army to

the Airport Authority. Till date, the land is in possession of the

Army and no formality has been initiated by the State to

transfer the said land to the Airport Authority.

Mr. Sudeep Shrivastava further submits that in some of
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the States, the State Government have formed a separate

Company for construction of the Airports and those

Companies have successfully constructed the Airports which

have now become operational also.

In response, Mr. Mishra, learned Deputy Solicitor

General submits that firstly, the State is required to pay the

Ministry of Defence approximately Rs. 80 Crores and then

only the land could be transferred to the Airport Authority

which has not been done till date by the State Government.

Mr. Thakur, learned Additional Advocate General

submits that he may be granted some time so that he may

obtain proper instructions on all the aforesaid issues as

apprised by the learned counsel for the respective petitioners.

It is very surprising that these petitions, though not

being an adversary litigation, are pending since 2017 and the

work of expansion / upgradation of the Bilaspur Airport is

going on at a snail’s pace.

In view of the above, let the Chief Secretary to the State

of Chhattisgarh file his personal affidavit indicating as to (i)

what steps have been taken by the State Government for
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transfer of land from the Army to the Airport Authority and it is

at what stage (ii) what is the stage of construction of the

building and electrical works which is required for installation

of the DVRO, (iii) whether any request has been made by the

State Government for appointment of CNS/ATM Officers to

the Airport Authority.

The State is further directed to file the DPR as ordered

on 27.09.2024 by this Court. The State/respondents may

furnish any other details which may be relevant for the issues

involved in these petitions.

Let these matters be listed again on 07th May, 2025 for

further monitoring.

                              Sd/-                               Sd/-
                      (Arvind Kumar Verma)                   (Ramesh Sinha)
                            JUDGE                            CHIEF JUSTICE




   Amit


 AMIT
 KUMAR
 DUBEY
Digitally signed by
AMIT KUMAR
DUBEY
Date: 2025.04.09
20:28:11 +0530