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Bombay High Court

PANDIT SHIVAJI KUMBHARKAR AND ORSversusTHE STATE OF MAHARASHTRA THRU. SECRETARY AND ORS

Decided
Disposal
Dismissed

Holding

The court held that the decision to locate the airport at Site 1A and the related land acquisition are policy matters entrusted to the executive and are not subject to judicial interference absent arbitrariness, mala‑fides or violation of mandatory statutory provisions.

Summary

The petitioners, three agriculturists from Pune district, challenged the Maharashtra government's decision to site a new greenfield international airport at "Site 1A" in Purandar and the accompanying land acquisition of about 1,216.75 hectares under the Maharashtra Industrial Development Act, 1961. They argued that Site 1A was technically unviable, that an alternative Site 5A was superior, and that the acquisition was disproportionate and violated their rights. The respondents, including the State, MADC, MIDC, AAI and the Union of India, contended that site selection is a policy and technical matter entrusted to expert agencies and that all statutory procedures, including notices and objections under the MID Act, had been complied with. The Court examined the procedural record, noted that Site 5A was never finalized and that the decision to revert to Site 1A was made after proper clearances, and held that there was no evidence of arbitrariness, mala‑fides or statutory breach. Consequently, the Court declined to interfere with the site‑selection or land‑acquisition process and dismissed the writ petition.

Issues considered

  • The legality and propriety of the decision to site the airport at Site 1A.
  • Whether the land acquisition under the Maharashtra Industrial Development Act, 1961, complied with statutory requirements.
  • Whether the existence of an alternative site (Site 5A) mandates a reconsideration of the chosen site.
  • Whether the petitioners have a cause of action for judicial review of a policy/technical decision.

Legislation cited

Subjects

  • land acquisition
  • eminent domain
  • greenfield airport
  • site selection
  • public interest
  • statutory compliance
  • technical feasibility
  • policy decision

Judgment

                                                                  WP-14127-2025.doc




                                                                            Shephali


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                WRIT PETITION NO. 14127 OF 2025


                   1.   PANDIT SHIVAJI KUMBHARKAR
                        Aged 35 Years, Occ. Agriculturist
                        Residing at Post: Udachiwadi,
                        Taluka: Purandhar, District:Pune.
                   2.   VIKAS KALURAM KUMBHARKAR,
                        Aged 35 Years, Occ. Agriculturist,
                        Residing at Post:Udachiwadi,
                        Taluka: Purandhar,District:Pune.
                   3.   CHANDRASHEKHAR DINKAR MEMANE,
                        Aged 38 Years, Occ. Agriculturist,
                        Resident at Post:Pargaon Memane,
                        Taluka: Purandhar, District:Pune.         …PETITIONERS

                         ~ versus ~


                   1.   THE STATE OF MAHARASHTRA,
                        through Principal Secretary,
                        Revenue & Forest Department,
                        Having Office at Mantralaya,
SHEPHALI
SANJAY                  Mumbai - 400 032.
MORMARE

Digitally signed
                   2.   THE DIVISIONAL REVENUE
by SHEPHALI
SANJAY
MORMARE
                        Commissioner, Pune Division, Pune.
Date: 2026.09.22
17:59:22 +0530
                   3.   THE COLLECTOR OF PUNE,
                        Having Office at Pune.
                   4.   PUNE METROPOLITAN REGIONAL
                        Development Authority
                        Survey No. 152-153,
                        Maharaja Sayaji, Gaikwad Udyog
                        Bhavan, Aundh, Pune 411067.




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5.   MAHARASHTRA AIRPORT
     DEVELOPMENT COMPANY LIMITED,
     8th Floor, World Trade Centre,
     Cuffe Parade, Mumbai - 400 005.
6.   SECRETARY MINISTRY OF DEFENCE,
     Ministry of Defence of India,
     address at: Room No. 101-A,
     South Block, New Delhi.
7.   SECRETARY, MINISTRY OF CIVIL
     AVIATION,
     Rajiv Gandhi Bhawan, Block B,
     Safdarjung Airport Area,
     Vasant Vihar, New Delhi 110003.
8.   AIRPORTS AUTHORITY OF INDIA,
     C-Block, Rajiv Gandhi Bhawan,
     Safdarjung Airport,
     New Delhi - 110003, India.
9.   CHIEF EXECUTIVE OFFICER,
     Maharashtra Industrial Development
     Corporation Mumbai.                        …RESPONDENTS


A PPEARANCES
For the Petitioners         Mr Sunip Kumar Sen, Senior Advocate,
                            with Akshay Kolse Patil, Ms. Tanaya
                            Patankar and Mr. Prabhakar M. Jadhav.
For the Respondent-UoI      Mr Anil Singh, ASG, with Mr. Aditya
                            Thalekar, Ms. Naveena Kumari and Ms.
                            Aparnaa R.S
For the Respondent-State    Smt Neha S. Bhide, GP, with Mr. P.P.
                            Kakade, Addl. GP, Smt. R.M. Shinde,
                            AGP
For Respondent No. 5-       Mr Shardul Singh, with Smeet Savla &
MADC                        Ninad Thikekar i/b. SHS Chambers.
For Respondent No. 8        Mr Darshil Shah, with Mr. Chetan
                            Hadolikar, Ashish Kumar Singh & Ms.
                            Palak Tyagi.



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                         CORAM : SUMAN SHYAM &
                                 ADVAIT M. SETHNA, JJ.
                RESERVED ON : 1st SEPTEMBER 2026.
          PRONOUNCED ON : 22nd SEPTEMBER 2026.

JUDGMENT (Per Suman Shyam, J):-

1.    The three Petitioners in this Writ Petition are agriculturists

owning agricultural land situated at Munjewadi, Ekatpur, Pargaon,

Kumbharvalan, Vanpuri, Udachiwadi and Khanawadi villages of

Takula Purandar in the District of Pune in Maharashtra. The

Petitioners have approached this court by filing this Writ Petition

inter alia challenging the decision of the authority to site/locate

the new Greenfield Airport at “Site 1A”. They are also seeking to

halt the process of land acquisition initiated for the purpose of

construction of the proposed Greenfield Airport at Purandar, Pune.

The Writ Petition has been filed with the following prayers:-


      “a. That this Hon'ble court be pleased to issue a writ of
      certiorari or any other writ, order or direction calling for this
      papers and proceedings including reports, presentation,
      records of any third party submitted or presented to the
      Respondents or any of them relating to this decision to site
      an Airport of Purandar known as Site 1A and having
      examined the legality and validity and propriety of the same
      be pleased to quash and set aside the same;

      b. That this Hon'ble court be pleased to issue a writ of
      certiorari or any other writ, order or direction of relating to




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      acquisition of lands at villeges Munjewadi Ekatpur, Pargaon,
      Kumbahrwalan, Vanpuri, Udachiwadi and Khanawadi at
      Purandar taluka, District: Pune and stay any acquisition of
      land;

      c. That this Hon'ble court be pleased to issue a writ of
      certiorari or any other writ, order or direction of relating to
      acquisition of lands at villeges Munjewadi Ekatpur, Pargaon,
      Kumbahrwalan, Vanpuri, Udachiwadi and Khanawadi at
      Purandar taluka, District: Pune and stay all acquisition in
      furtherance of setting up an Airport at location known as site
      1A, Purandar, District Pune;

      d. This Hon'ble court be pleased to issue a writ of mandamus
      and/or a writ direction or order in the nature of mandamus
      restraining the respondents from, in any manner, trying to
      acquire the land of the Petitioners villages for the purposes of
      construction of the said international airport.

      e. This Hon'ble court be pleased to issue a writ of mandamus
      and/or a writ direction or order in the nature of mandamus
      directing the respondents to consider all other viable options
      for construction of the proposed airport”

2.     The facts and circumstances of the case, giving rise to the

filing of the present Writ Petition, shorn of unnecessary details, are

as hereinunder: -


 i.   A proposal for establishment of a Greenfield International

      Airport at Pune has been under consideration by the

      Government of Maharashtra since the year 2005. In

      September       2016,     a    pre-feasibility     examination       was

      undertaken by the technical team of the Airports Authority

      of India (hereinafter referred to as “AAI”) in respect of six

      sites identified by the Maharashtra Airport Development




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      Company Limited (hereinafter referred to as “MADC”) in the

      Saswad-Jejuri area. After examination of the different sites,

      the site labeled as “Site 1A” at Munjewadi, Pargaon

      Memane, was recommended, subject to the clearance by the

      Ministry of Defence. On 20th September 2016, the AAI

      communicated its approval for “Site 1A”, subject to removal

      of encumbrances and issuance of necessary clearances. On

      23rd January 2018, the Ministry of Defence had granted

      NOC for “Site 1A”, subject to the conditions attached

      thereto.


ii.   The Steering Committee for Greenfield Airports had

      thereafter, forwarded Site Clearance for “Site 1A” on 23 rd

      April 2018, and the Ministry of Civil Aviation granted

      Clearance for the said site on 8 th May 2018, subject to the

      conditions stipulated by the Ministry of Defence, DGCA and

      AAI. Pursuant thereto, the Government of Maharashtra, on

      9th May 2018, granted administrative and financial approval

      for acquisition of approximately 2,367 hectares of land for

      the proposed airport. The lands owned by the Writ

      Petitioners are also included in the above area of land.




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iii.   During 2020-2021, an alternative location, being Site 5A,

       also came to be considered for setting up the Greenfield

       Airport. According to the Petitioners, “Site 1A” was not

       found to be technically feasible and/or suitable for setting

       up the Greenfield Airport. Therefore, an alternative site

       earmarked as “Site 5A” was explored for the purpose and

       eventually “Site 1A” was dropped in favour of “Site 5A”. It is

       the case of the Petitioners that “Site 5A” was not only

       technically superior as compared to “Site 1A” but also

       comprised of comparatively barren land.


iv.    On 9th February 2021, the MADC submitted an application

       for Aerodrome Approval in respect of “Site 5A”, setting out

       the technical advantages of the said site over “Site 1A” thus,

       seeking cancellation of the NOC and approval earlier

       granted for “Site 1A”. The Ministry of Defence (MoD) had

       also granted NOC for “Site 5A” on 12 th August 2021, subject

       to certain conditions attached thereto. However, the NOC

       for “Site 5A” was subsequently cancelled.


 v.    On 29th August 2022, a meeting held under the

       chairmanship of the Hon’ble Chief Minister, the MIDC was



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      directed to develop the Purandar Airport and appointed

      MIDC as the nodal agency for development of the Airport

      and for acquisition of land. Approval in respect of “Site 1A”

      was   thereafter     restored    on       6th   May       2024.     The

      communication dated 6th May 2024 was, thereafter

      forwarded by the Ministry of Civil Aviation to MADC on 29 th

      May 2024.


vi.   In the meantime, steps were undertaken for acquisition of

      the land for the construction of the Airport at “Site 1A”. By

      notification dated 10th March 2025 issued under Section

      1(3) read with Section 2(g) of the Maharashtra Industrial

      Development Act, 1961 (hereinafter referred to as the “MID

      Act”), Chapter VI of the MID Act was applied to

      approximately 2,673.982 hectares of land situated in the

      aforementioned      villages.   On    17 th     March      2025,     the

      Government     of    Maharashtra       issued      a      Government

      Resolution No. IDC 2025/(C.R.88)/IND-14 paving the way

      for acquisition of land under the MID Act and for

      rehabilitation and resettlement of private landowners, in

      accordance with the Right to Fair Compensation and




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        Transparency in Land Acquisition, Rehabilitation and

        Resettlement Act, 2013 (hereinafter referred to as the

        ‘RFCTLARR Act’) by recording that the land required for the

        proposed airport was to be acquired under the MID Act.


vii.    Public notices under Section 32(2) of the MID Act were,

        thereafter, issued inviting objections from the affected

        landowners. Individual notices were also issued and

        hearings were conducted in respect of the objections so

        received.


viii.   On 20th August 2025, a survey map was prepared by MADC

        demarcating the proposed airport area, comprising two 4-F

        runways.


 ix.    On 22nd August 2025, the Collector, Pune, had passed an

        order in respect of acquisition. Between 25 th August 2025

        and 25th September 2025, consent letters were received in

        respect of approximately 1,150.18 hectares out of 1,216.75

        hectares proposed for acquisition. After consideration of the

        objections and completion of the statutory process, a final

        notification under Section 32(1) of the MID Act came to be




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      issued on 9th February 2026 in respect of approximately

      1,216.7522 hectares of land thus virtually completing the

      process of land acquisition.


3.    By filing this Writ Petition, the Petitioners have basically

questioned the decision of the authorities to revert to “Site 1A”.

According to them, the proposed site suffers from technical as well

as operational limitations, including those relating to height

restrictions and flight operations. It is also the case of the

Petitioners that the proposed airport at “Site 1A” would not be safe

or viable and that other sites had been surveyed but viable

alternatives were not properly considered. The Petitioners have

also questioned the extent of land proposed to be acquired and

contend that the lands sought to be acquired are primarily

irrigated, multi-crop, agricultural lands on which the Petitioners

and other affected farmers are dependent for their livelihood.


4.    The Petitioners have also challenged the process of land

acquisition, inter alia on the ground that there was no justification

for selecting the lands in question when other viable alternatives

were available. The Petitioners have contended that the

Respondents could have acquired only the bare minimum land



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required   for   the    project    and    that     the   extent     of   land

acquired/proposed to be acquired is disproportionate to the

requirements of the proposed airport. The Petitioners have also

raised a plea as regards to the overlapping catchment area of the

proposed airport with the Navi Mumbai International Airport and

have questioned the economic and operational viability of a large

international airport at the proposed “Site 1A”.


5.    Respondent       No.    5–Maharashtra        Airport     Development

Company Limited (“MADC”) has filed affidavit in reply. In its

reply, the MADC has stated that the question of technical and/or

operational viability of “Site 1A” would fall within the domain of

the experts and the statutory authorities, including AAI, DGCA, the

Ministry of Civil Aviation and the Ministry of Defence. According

to the MADC, the challenge to the viability of “Site 1A” is

substantially based on news reports, speculative apprehensions of

future events which do not have any logical basis. The MADC has

denied the assertion that “Site 1A” was unsuitable or that the NOC

for “Site 5A” was cancelled arbitrarily.


6.    Respondent No. 8–Airports Authority of India (“AAI”) has

also filed affidavit in reply questioning the maintainability of the



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Writ Petition by contending that the decision to acquire the lands

is entirely that of the State Government of Maharashtra and MADC

and that the AAI has had no role to play either in the acquisition of

the land or in determination and disbursement of compensation.

The Respondent No. 8 has further contended that its functions and

responsibility under the Airports Authority of India Act, 1994

relate to the management, operation and development of Airports

already in existence and it has no role in site selection, finalisation,

land acquisition or development and construction of new Airports

such as the proposed Airport at Purandar.


7.    Respondent No. 9–Maharashtra Industrial Development

Corporation    (“MIDC”)     has   also    opposed   the   Petition     by

questioning the maintainability of the same, inter alia, on the

ground that the final notification under Section 32(1) of the

Maharashtra Industrial Development Act, 1961 has been issued

after compliance with Sections 32(2) and 32(3), and that the

acquisition   proceedings     have       made   substantial    progress.

Therefore, there is no scope for the Court to interfere with the

land acquisition proceedings at this point of time. The Respondent

No. 9 has also taken the plea that the Petitioners have an alternate




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statutory remedy under Section 33 of the MID Act in respect of

determination and enhancement of compensation and other

consequential reliefs and therefore, the Writ Petition is not

maintainable due to availability of alternative remedy. As regards

the choice of “Site 1A”, the MIDC has denied that the site is

technically unviable or that its reversion from “Site 5A” was

without any change in circumstances, and submits that the

decision on siting of the airport was taken by the competent

authorities after proper technical evaluation of the proposals. The

MIDC has also denied the allegations regarding disproportionate

acquisition of land, insider transactions and abuse of power and

has submitted that the extent of land acquired was determined

after technical examination and survey made by the concerned

authorities.


8.    The Petitioners had filed an Additional Affidavit in response

to the objection raised as to their locus. In their Additional

Affidavit, the Petitioners have stated that, being directly affected

by the proposed acquisition, they are entitled to raise issues

concerning the competence, location, technical feasibility and

safety of the proposed Airport, including all issues of compliance




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as laid down by the International Civil Aviation Organization.

They have contended that the issues raised by the Petitioners have

not been answered by the concerned authorities, particularly the

Ministry of Civil Aviation and Ministry of Defence, which have not

filed affidavits. The Petitioners have further contended that the

Gram Panchayats were bypassed in the planning process and that

the villagers were entitled to raise all issues concerning the

location, technical feasibility and safety of the proposed Airport

which opportunity was denied to them. The Petitioners have

reiterated their earlier stand that the Airport was shifted from “Site

1A” to “Site 5A” on the ground of want of technical feasibility but

was later on brought back to “Site 1A”, without any change in the

circumstances. Therefore, the said decision was wholly arbitrary.


9.    Mr. Sunip Sen, the learned Senior Counsel appearing for the

Petitioners has submitted that the Petitioners, being the villagers

and owners of land have the locus standi to maintain the present

Writ Petition since they would be directly affected by the proposed

acquisition. It is also submitted that the challenge is not only to

the technical feasibility of the proposed Airport but also to the




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legality and rationality of the decision to locate the Airport at “Site

1A” and the consequent acquisition of the Petitioners’ lands.


10.    Referring to the proposal dated 9th February 2021, the

learned Senior Counsel for the Petitioners has argued that “Site

5A” was found advantageous, inter alia, on account of lesser

acquisition and development costs, absence of conflict with

IAF/NDA flying operations, scope for expansion and lesser

requirement of resettlement. Therefore, unless a cogent reason is

furnished by the Respondents to revert to “Site 1A”, the decision of

reversion must be held to be totally arbitrary, whimsical and

hence, liable to be interfered with by this Court.


11.    The learned Senior Counsel for the Petitioners has also

submitted that the extent of land proposed to be acquired must

have a rational nexus with the requirements of the project.

Availability of alternative sites, the nature of the lands proposed to

be    acquired,   the   comparative    economic      and   operational

advantages of “Site 5A” are some of the relevant considerations

which could not have been ignored by the authorities while

choosing “Site 1A”.




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12.   The learned Senior Counsel has further submitted that

despite the order dated 23rd April 2026 passed by this Court

directing the Ministry of Civil Aviation and the Ministry of Defence

(MoD) to address the issues concerning the proposed Airport, no

substantive response has been placed on record before the Court

by the said authorities. Therefore, the siting of the Airport at “Site

1A” must be held to be arbitrary, irrational and capricious.


13.   In support of the aforesaid submissions, reliance has been

placed upon by Mr. Sen upon K.T. Plantation Pvt. Ltd. & Anr. v.

State of Karnataka,1 and Kolkata Municipal Corporation & Anr. v.

Bimal Kumar Shah & Ors.2, to submit that deprivation of property

under Article 300A must be by authority of law and for a genuine

public purpose and that the exercise of compulsory acquisition

would always be subject to judicial review.


14.   Mr. Anil Singh, the learned Additional Solicitor General of

India, appearing for the Union of India, on the other hand, has

submitted that the Petitioners, being the affected landowners,

cannot substitute their own assessment for the technical and


1     (2011) 9 SCC 1
2     (2024) 10 SCC 533




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administrative decision of the competent authorities regarding

selection of the Airport site. It is also his submission that by filing

this Writ Petition the Petitioners are seeking re-examination of the

comparative suitability of “Site 1A” and “Site 5A”           which, in

essence, is an attempt to reopen the expert opinion on site-

selection, with a view to obstruct the project. According to Mr.

Singh, the validity of expert opinion, unless found to be arbitrary

or actuated by malice, would ordinarily not lie in the realm of

judicial review under Article 226. It has further been submitted

that the challenge made in this Writ Petition is substantially based

on extraneous and unauthenticated material and the Petitioners

have failed to establish any valid ground warranting interference

by this Court in the matter.


15.   By referring to the notification issued on 7th March 2025

and published in the Maharashtra Government Gazette on 10th

March 2025, which brought Chapter VI of the Maharashtra

Industrial Development Act, 1961 into operation in respect of the

lands situated in the seven villages, Ms. Neha. S. Bhide, the

learned   Government      Pleader   appearing    for   the   State    of

Maharashtra     argued that objections were invited and considered




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in accordance with Section 32, culminating in the acquisition

notification dated 9th February 2026 under Section 32(1) paving

the way for acquiring 1,216.75 hectares of land for the proposed

Airport. She therefore submits that, as per Section 32(4), upon

issuance of such notification, the land would vest with the State

Government, free from all encumbrances. The question of

compensation would thereafter, be        dealt with under the sub-

sections of Section 33.


16.    Ms. Bhide has further submitted that since the acquisition

process has substantially progressed, reopening the process of

acquisition, consent agreements and consequential rights would

cause serious financial and administrative hurdles thus, adversely

affecting public interest in general. It has, therefore, been

submitted that there is no good ground for this Court to interfere

with the site-selection decision or the process of acquisition of land

at the instance of individual land owners, more so, when statutory

remedies are available to them to agitate their grievances, if any,

in the matter of the land acquisition proceedings.


17.   Mr. Shardul Singh, the learned counsel appearing for

Respondent No.5-MADC has submitted that the comparative



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suitability of “Site 1A” and “Site 5A” is essentially a matter for the

expert and administrative authorities to consider and this Court

may not have the expertise to sit in appeal over such technical

decisions. He has further submitted that “Site 5A” was merely

explored as an alternative option but was not proceeded with any

further after withdrawal of the clearance for that site by the

Ministry of Defence. Mr. Singh has further submitted that the

Ministry of Civil Aviation had subsequently reiterated and

reaffirmed the site clearance for “Site 1A”. Therefore, the

contention of the Petitioners that “Site 5A” had been finally

selected before abandoning the same is wholly incorrect and

contrary to the record. To sum up his arguments, Mr. Singh has

contended that setting up of the Airport at Purandar was necessary

in the larger public interest. Therefore, any interference by this

court in the ongoing process would delay the implementation of

the project thus adversely affecting the public interest involved in

the matter.


18.   In support of their aforementioned submissions, the learned

counsel for the respondents have relied upon Union of India v.




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Kushala Shetty & Ors.,3 BALCO Employees’ Union (Regd.) v. Union

of India & Ors.,4 and Alok Kotahwala & Ors. v. Jaipur Metro Rail

Corporation Ltd. & Ors.,5 to submit that technical and policy

decisions of the competent authorities ordinarily should not be the

subject matter of judicial review and that, in the absence of mala

fides, manifest arbitrariness or illegality, the Writ Court ought not

to substitute its own assessment for that of the experts.


19.   We have considered the submissions made by the learned

counsel for the parties and have also gone through the material

available on record.


20.   The Petitioners are admittedly landowners whose interests

are affected due to the process of land acquisition undertaken by

the authorities for setting up the Greenfield Airport at Purandar.

Although the Petitioners are seeking interdiction in the land

acquisition process, yet, we do not find sufficient pleadings in the

Writ Petition establishing any statutory violation in the land

acquisition proceeding. Rather, it appears that the Petitioners are

opposing the siting of the Greenfield Airport with a view to save

3     (2011) 12 SCC 69
4     (2002) 2 SCC 333
5     2026 SCC OnLine SC 1324




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their agricultural lands from being acquired by the State. Mr. Sen,

learned Senior Counsel for the Petitioners, has also submitted, in

his usual fairness, that in the present Writ Petition, the basic

challenge is to the siting of the airport and the land acquisition is

being resisted by his clients on the ground that a better alternative

site was available for construction of the proposed Airport.


21.   It appears from the material on record that, alternative sites

for setting up the proposed Airport have been considered at

different stages by the authorities/agencies competent to take a

decision in the matter. It is no doubt correct that initially, “Site 1A”

had received the clearances. However, at a later stage, “Site 5A”

was also explored. There is, however nothing on record to show

that “Site 5A” was ever finalized. As a matter of fact, the NOC

granted in respect of “Site 5A” was subsequently cancelled and

“Site 1A” was thereafter restored/reinstated. All these exercises,

apparently took place, at a stage when feasibility of different sites

were still being explored by the authorities and before any of the

sites were finalized.


22.   The question as to which would be the best location to set

up a public infrastructure such as a Greenfield Airport will depend



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on several factors, the paramount consideration of which is the

public interest in general. A decision of such a nature would

depend on various considerations, the necessary input in respect

whereof would be available with the State. The executive

authorities are best equipped with the technical expertise to decide

on the alignment, location, public safety and requirement of land

for such a mega project. Therefore, the decision in such matters

would essentially lie in the domain of policy decision of the State.

Unless it is demonstrated, on the basis of cogent material placed

on record, that the decision is in bad faith or in colorable exercise

of executive power or that there is violation of mandatory

statutory provisions or non-compliance of Environmental norms,

the Writ Court would be loath to interfere in such matters. In

policy matters of this nature, the State would be the best judge to

take a decision and the Writ Court would not substitute its own

judgment for that of the technical experts or Governmental

Authorities on an issue such as “site selection” for setting up a

public infrastructure, on the spacious plea of the individual land

owners that a better, less disruptive      and alternative site was

available for setting up the project. The Petitioners have failed to




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demonstrate that the present case falls under any of the above-

mentioned categories meriting interference by this Court.


23.   The Supreme Court in Alok Kotahwala and Ors. v. Jaipur

Metro Rail Corporation Limited and Ors., (Supra) while

considering a challenge based on availability of alternative parcels

of land, has reiterated that such matters require judicial restraint

and that determination of particular parcel of land required for a

public project falls within the domain of expert planning

authorities. In doing so, the Hon’ble Supreme Court had relied

upon and reiterated the principles laid down in State of Punjab v.

Gurdial Singh6 and Sooraram Pratap Reddy v. Collector 7 The

relevant observations of the Supreme Court in Alok Kotahwala

(supra), in paragraphs 76 to 79 and paragraph 81, are as follows:


      “76. Appellants have then urged that several alternative
      parcels of land, including lands belonging to RIICO, IOCL,
      JDA and other governmental agencies, were available and
      that the respondents ought to have utilised such lands
      instead of acquiring the appellants' property. We are
      apprehensive that such a contention traverses a domain
      where judicial restraint is particularly warranted. Judicial
      intervention in this regard essentially has to yield to a host of
      technical and operational considerations, subsuming
      alignment connectivity, maintenance logistics, future
      expansion, inter alia. This position was pithily encapsulated
      in State of Punjab v. Gurdial Singh as follows:

6     (1980) 2 SCC 471
7     (2008) 9 SCC 552




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        8. First, what are the facts? A grain market was the
        public purpose for which government wanted land to
        be acquired. Perfectly valid. Which land was to be
        taken? This power to select is left to the responsible
        discretion of government under the Act, subject to
        Articles 14, 19 and 31 (then). The court is handcuffed
        in this jurisdiction and cannot raise its hand against
        what it thinks is a foolish choice. Wisdom in
        administrative action is the property of the executive
        and judicial circumspection keeps the court lock-
        jawed save where power has been polluted by oblique
        ends or is otherwise void on well established grounds.
        The constitutional balance cannot be upset.

77. This position was reiterated in Sooraram Pratap Reddy v.
Collector as follows:

        119. In our judgment, in deciding whether acquisition
        is for "public purpose" or not, prima facie, the
        Government is the best judge. Normally, in such
        matters, a writ court will not interfere by substituting
        its judgment for the judgment of the Government.

78. Quite recently, a similar view was expressed by a co-
ordinate Bench while dismissing a special leave petition vide
order dated 8th June, 2022. It was held there that public
interest being of paramount consideration, the National
Highway Authority is the best judge to decide which land is
to be acquired and which is not to be acquired for the
purpose of construction of highways.

79. Thus, the determination of the particular parcel of land
required for acquisition falls squarely within the domain of
the expert planning authorities exercising powers of eminent
domain.

80. …

81. Although the respondents have justified why the
suggested alternative lands were not suited nor available for
the intended purpose, merely because another parcel of land
may appear feasible to the landowner, the same cannot be
pressed into service by the landowner, to persuade the Court
to substitute its own opinion for that of the authorities
entrusted with the planning and execution of the project.”




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24.   The aforesaid principles, in our view, squarely apply to the

facts of the present case as well. Whether “Site 1A” is more suitable

than “Site 5A” is a matter for the competent authorities to

determine based on a number of technical factors. In the absence

of any established ground warranting judicial interference, we see

no reason to undertake a comparative technical assessment

between different sites in exercise of our Writ jurisdiction under

Article 226 of the Constitution of India.


25.   The Petitioners have raised some concern about the

technical feasibility and safety features of the proposed Airport.

However, in our view, these are matters which have been

sufficiently     examined     by     the   statutory   authorities    and/or

specialized agencies entrusted with such functions under the

statute. Materials available on record are not sufficient to sustain a

conclusion by this Court that the multiple agencies involved in the

process of setting up of an Airport including the MoD, have acted

in bad faith and ignored the safety features of the project while

selecting the project site. There is nothing to show that the

decision to proceed with “Site 1A” suffers from any manifest

arbitrariness,    mala      fides,   or    statutory   violation     or   any




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demonstrable illegalities so as to justify interference by this Court.

The Petitioners’ disagreement with the assessment of the

competent authorities with regard to a particular site to setup the

Airport cannot, by itself, furnish a justifiable ground for judicial

interference, more so when multiple agencies functioning under

the Government of India including the MoD has cleared the

project.


26.    It would also be apposite to refer to the decision of the

Hon’ble Supreme Court in BALCO Employees' Union (Regd.) v.

Union of India & Ors., (Supra) wherein the Supreme Court has

discussed the limited scope of judicial review in matters

concerning policy decisions and public projects. Referring to its

earlier decision in Narmada Bachao Andolan v. Union of India ,8

the Supreme Court observed in paragraphs 45 and 46 as follows:


      “45. In Narmada Bachao Andolan vs. Union of India and Ors.,
      there was a challenge to the validity of the establishment of a
      large dam. It was held by the majority at page 762 as follows :-

             "229. It is now well settled that the Courts, in the
             exercise of their jurisdiction, will not transgress into the
             field of policy decision. Whether to have an
             infrastructural project or not and what is the type of
             project to be undertaken and how it has to be executed,
             are part of policy-making process and the Courts are ill-
             equipped to adjudicate on a policy decision so

8      (2000) 10 SCC 664




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            undertaken. The Court, no doubt, has a duty to see that
            in the undertaking of a decision, no law is violated and
            people's fundamental rights are not transgressed upon
            except to the extent permissible under the Constitution."

      46. It is evident from the above that it is neither within the
      domain of the Courts nor the scope of the judicial review to
      embark upon an enquiry as to whether a particular public
      policy is wise or whether better public policy can be evolved.
      Nor are our Courts inclined to strike down a policy at the
      behest of a petitioner merely because it has been urged that a
      different policy would have been fairer or wiser or more
      scientific or more logical.”

27.   Construction of a Civil Airport is a project which would

undoubtedly subserve the larger public interest. As noted above,

the choice of site, alignment, project feasibility etc., fall exclusively

within the domain of the experts. The Writ Court in exercise of its

jurisdiction under Article 226 of the Constitution, cannot sit in

appeal over such decision of the experts to decide whether such

administrative or technical decision regarding choice of site is

correct or not.


28.   Siting of the airport is purely a matter of policy decision.

The State as the expropriating authority, is in the best position to

decide the suitability of the land and the extent to which the same

is required for the public project. The land owners cannot dictate

to the State as to which location would be more suitable for the

project merely because they are trying to protect their land.




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Therefore, by applying the ratio laid down in Narmada Bachao

Andolan (Supra) to the facts of this case, we are of the considered

opinion that, this being a policy matter, there is no legally

justifiable ground for this Court to interfere in this case.


29.   As regards the validity of the acquisition proceedings is

concerned, it appears from the material on record that                the

acquisition has proceeded under the Maharashtra Industrial

Development Act, 1961. Statutory notifications have been issued,

objections have been invited and considered and the notification

under Section 32(1) has also been issued. From the projections

made before this Court, it is apparent that the process of land

acquisition in respect of “Site 1A” has, by now, either been

completed or the same is at a very advanced stage. In these

circumstances, we are of the opinion that, at this stage, there is no

scope for this Court to interfere with the land acquisition

proceeding on the grounds taken in this Writ Petition.


30.   Having observed as above, we, however, make it clear that

we have not expressed any opinion on the individual plea of the

land owners, if any, on the issue(s) of statutory compliances in the

land acquisition proceedings, particularly with regard to issues of



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quantum of compensation and/or disbursement and leave the

aggrieved parties (land owners) including the present Petitioners,

at liberty, to seek appropriate statutory remedy in such matter(s),

in accordance with law, if so advised.


31.   For the aforesaid reasons, the Writ Petition is held to be

devoid of any merit. The same is accordingly dismissed.


32.   No order as to costs.




(ADVAIT M. SETHNA, J.)                         (SUMAN SHYAM, J.)




                             Page 28 of 28
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