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2023 Supreme(Pat) 40

SANJAY KAROL, PARTHA SARTHY
Abhijeet Kumar Pandey, Son of Binod Kumar Pandey – Appellant
Versus
State of Bihar through Chief Secretary, Government of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Jitendra Singh, Sr. Advocate, Mr. Rajeev Pratap Rudi, Advocate
Mr. Sanket, Advocate
For the State : Mr. Lalit Kishore, AG (As he then was) Mr. Pawan Kumar, AC to AG
For the UOI :Dr. K.N.Singh, ASG, Mr. Kumar Priya Ranjan, CGC, Mr. Devansh Shankar Singh, JC to ASG, Mr. Sriram Krishna, JC to ASG, Mr. Amarjeet, JC to ASG, Mr. Girish Nandan Abhishek, Mr. Ankur Apurv Singh, Advocate

JUDGMENT :

Sanjay Karol, J.

The following questions are to be considered by this Court for adjudication of the present lis:-

    (i) Whether there exists a right to travel by air and consequently whether the absence of a fully functional and safe airport violates such a right?

(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 author

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