Civil Writ Jurisdiction Case No. 4851 of 2022
The SKV Law Offices (Commercial) filed a Writ Petition as a Public Interest Litigation in the wake of the urgent requirement of a new Greenfield Airport in the State of Bihar, which sets to resolve a number of Bihar’s socio-economic problems, including the state’s growing migration, rising air traffic demand, and infrastructure constraints. By virtue of the Writ Petition, for the very first time in the history of independent India, right to safe travel has been embedded in right to life and liberty.
Notably, the Patna Airport has been among one of the most dangerous airports in the country. Keeping in mind, the necessity of the hour, the Writ Petition under Article 226 of the Constitution of India sought a Writ of Mandamus, directing the Respondents-State of Bihar and Union of India to develop/construct a Greenfield Airport at District – Saran, Bihar at the earliest. In addition, this airport shall prospectively provide Bihar with a wealth of new options for commerce, tourism, and the development of its people’s resources.
Understanding the right to life and liberty in the context of air travel and the way to a right to safe travel as an aspect of Article 21, the Hon’ble High Court of Judicature at Patna opined that the right to safe travel is inherent in the right to free movement and the right to life and liberty under the Constitution of India and that there is an urgent need of a safe airport within the vicinity of Patna that already stands approved as on date. The Court vide its judgement dated 04.02.2023, directed the Union of India, the State of Bihar, and the Airport Authority of India to consider developing an alternative airport to Patna and Bihta on the lines of a Greenfield Airport; arriving at a decision on the situs for the airport within three months and instructed the State/Union of India and the private tenderer, if any, to take all possible steps to ensure adherence to the principles of sustainable development and obtain all required environmental clearances, in respect of such construction. The Hon’ble Court also made observation that the Airport Authority has powers to acquire land under the Airports Authority Act and if it does not receive sufficient support from the State/Union Government, the Airports Authority can acquire land and construct the airport.
SKV Comment: The present Public Interest Litigation was filed under the able guidance of Mr. Varun Singh assisted by a team of advocates at SKV Law Offices (Commercial). A step ahead in the interpretation of the facet of right to life wherein the Hon’ble High Court of Judicature at Patna aptly observed the necessity of safe air travelling to and from the State of Bihar keeping in view the Constitutional Rights of the citizens. In the spirit of success of the PIL, we hope and wish that the direction given by the Hon’ble Court will be implemented to its logical conclusion.
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