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IN THE HIGH COURT OF JUDICATURE AT PATNA
Sanjay Karol, Partha Sarthy, JJ.
Abhijeet Kumar Pandey, Son of Binod Kumar Pandey - Appellant
Vs.
State of Bihar through Chief Secretary, Government of Bihar - Respondent
Civil Writ Jurisdiction Case No.4851 of 2022
Decided On : 04-02-2023
Airport Authority of India Act, 1994 – Section 12 – Greenfield Airport Policy, 2008 – National Civil Aviation Policy of 2016, (NCAP, 2016) – Constitution of India – Article 21 – Right to safe travel – Absence of a fully functional and safe airport – Under Article 21, Constitution guarantees right to life and liberty only to be restricted by procedure established by law – Aviation safety is of topmost priority and focus rests on pre-empting and preventing accident and incident with a zero tolerance policy towards safety violations – Construction and setting up of an airport is a matter of importance but is also one of immense and complex economic implication – In such cases, Court should not substitute its judgment for opinion rendered by experts – Public money must be used for public good – Construction of Airport is a costly affair – State has to consider whether expending such large amounts from public exchequer for a facility which will be purely a supplement to existing facility, which on its own faces numerous issues, can indeed be justified as public good. (Paras 6, 16, 29, 66, 78 and 79)
Constitution of India – Articles 21 and 226 – Airport Authority of India Act, 1994 – Section 12 – Greenfield Airport Policy, 2008 – National Civil Aviation Policy of 2016 – Right to safe travel – Right to safe travel is inherent to right to free movement under Article 19(1)(d) and right to life and liberty under Article 21 of Constitution of India – Aim and purpose behind development of new Airports and facilities is to break shackles of exclusion of air travel which up till now is only for economically well-off – Not just travel by Air, but travel in general, encompassing all methods must be protective of lives of its travelers as well as its employees of service providers – Safety in any, and, all actions, is a pre-requisite of "life" as without it, right to enjoy the same, in all its magnificence would be reduced to nothingness as there would not be a life to enjoy – Construction of an Airport either in terms of expansion of Bihta Enclave or Greenfield Airport at Saran, both would require vast amounts of construction and use of resources – It is essential that environmental factors be considered – Directions issued. (Paras 84, 85, 86, 92, 100, 109 and 111)
JUDGMENT :
Sanjay Karol, J.
The following questions are to be considered by this Court for adjudication of the present lis:-
(ii) Whether a right to safe travel is a part of right to life under Article 21 of the Constitution of India?
2. This petition under Article 226 of the Constitution of India seeks a writ of mandamus directing the respondents-State of Bihar and Union of India to develop/construct at the earliest a Greenfield Airport at District-Saran, Bihar. Further, it seeks a direction to respondent no.1, namely, the State of Bihar, to issue a notice for tender inviting private companies to bid for the development of such Airport.
3. Before passing any appropriate orders, it is essential to delve into the details of the concept of a Greenfield Airport and its associated details/requirements as also, for the purposes of a reasoned and informed decision, appreciate the way and manner in which the discussion amongst concerned authorities in respect of development of such Airport has taken place up until such point of filing of the present petition and after that as well. The petitioner, in aid of the prayers made, places reliance on numerous voluminous documents extending the record to almost one thousand pages.
4. For ease, this judgment is divided broadly into the following chapters -
| Sl. No. | Chapter | Page |
| A. A(a) | Introduction Airports: A Basic Understanding | 3 5 |
| B. | The Constitution and its understanding as elucidated by Hon’ble the Supreme Court. | 8 |
| C. | Relevant provision of various Acts | 12 |
| D. | Relevant Policies:-The National Civil Aviation Policy, The Greenfield Airports Policy and the UDAN Scheme. | 15 |
| E. | Factual Matrix:- The Airports at Patna, Bihta and the Development of a Greenfield Airport in the State. | 22 |
| F. F(a). | Observations of the Court The Right of Safe Travel under Article 21 of the Constitution of India. | 45 51 |
| G. | Directions | 65 |
A. INTRODUCTION
Demographic Character of Bihar
5. The State of Bihar is the most populous State within the Country. It has proximity to three countries- Nepal, Bhutan and Bangladesh. Numerous people call Bihar Home travel to other States and to foreign lands for innumerable reasons. It is essential, then as submitted, to have an Airport that can serve the growing need of the State and its people in both large and smaller Aircraft(s).
6. The need for development of advanced mode of travel is dependent on economic development. Such a need cannot be justified in the absence thereof.
7. A paper titled as “Inequality in Bihar: A District Level Analysis” Published in 2020 at the Leibniz Information Centre for Economics, Kiel, Hamurg Germany, by Shri Aviral Pandey, Assistant Professor, A.N Sinha Institute of Social Sciences, Patna, Bihar [https://www.econstor.eu/bitstream/10419/225251/1/Inequality-in-Bihar-Aviral-Pandey.pdf], gives an overview of the economy within the State. The chief aspects highlighted therein are that in the year 2018-19 the growth rate (Gross State Domestic Product) was 10.5 percent and with growth across many areas of the economy and that there has been a considerable decline in the incidence of poverty in the state.
8. Even then, Planning Commission estimates the percentage of the population poverty line in Bihar to be 33.7% (fifth across states in terms of poverty in India) as compared to 21.9% at the national level.
9. The most recent economic survey, 2021-22 [https://state.bihar.gov.in/finance/cache/12/01-Mar-22/SHOW_DOCS/Press%20Release%20(English).pdf] summarized the economic state of Bihar as- Growth was only at 2.5 percent because of the COVID Pandemic, Per Capita Income in Bihar was Rs. 50,555 in 2020-21, compared to Rs. 86,659 for India. During
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