Potential Violation Of Citizenry’s Fundamental Right To Live Progressive, Meaningful & Dignified Life: Rajasthan High Court Issues Directions For Development Of Aviation Infrastructure In Jodhpur

The Court noted that the matter had been pending for the last nine years due to the “lackluster response” of the aviation policy and the stakeholders involved. “This Court finds that the issue regarding the current state of affairs vis-a-vis the dismayed conditions of facilities in the aviation sector is attributable to the slow pace of the infrastructural development, extension of timelines (one after another) for the said purpose and the lack of concrete decisions,” the Bench further noted.

A Division Bench of Justice Pushpendra Singh Bhati and Justice Chandra Prakash Shrimali remarked, “It is with a heavy heart, this Court observes that the aforementioned is not just an infrastructural issue; rather, the lackadaisical approach of the concerned aviation planners which has opened doorways for potential violation of the citizenry’s fundamental right under Article 21 to live a progressive meaningful and dignified life.”

Amicus Curiae Ankur Mathur appeared for the Petitioner, while Senior Advocates R.D. Rastogi, Vikas Balia and Rajesh Panwar represented the Respondents.

Brief Facts

The Petition, filed by Libra India (Petitioner), raised concerns about connectivity and development, stating that the aviation sector in Jodhpur has not provided the results required by the common man.

Court’s Reasoning

The Court observed that Jodhpur, which is the Principal Seat of the Hon’ble Rajasthan High Court (Judicial Capital) and home to various institutions of national importance, did not have the required aviation infrastructure. The Court stated that eminent doctors, lawyers, scientists, experts, professionals, and faculties are unable to travel to Jodhpur due to limited aviation facilities.

“This PIL is pending for the last 9 years, which has been adversely impacting the strategic defence area, common man’s facility, institutional development, tourism development, health sector development, educational development, professional development and the availability super-specialty in the concerned sectors, which among other factors calls for necessary steps to be taken in the direction of infrastructural development in the aviation sector, so as to provide an impetus to the overall growth of the Region,” the Bench remarked.

Consequently, the Court issued the following directions:

• “The terminal building which had a timeline of March, 2025 and is far from being completed with an oral assurance from the learned Senior Advocate & Additional Solicitor General that is likely to be competed by the month of October, 2025, is directed to be recorded in the form of an affidavit which shall be signed by the Secretary to the Government of India, Ministry of Civil Aviation, while giving reasons for failure of the respondents to adhere to the timeline of the March, 2025 and will also provide all details as to how they propose to complete the infrastructure of the civil airport by October, 2025.
• The aforesaid affidavit shall also include information/status of 13 taxi stands which are said to be complete and are ready for operation.
• The Director General, CISF, New Delhi shall file an affidavit regarding the completion of permanent residential/lodging facilities as to what is the plan of the respondents and how far such an infrastructure is being planned and how do they intend to execute the same.
• The Director General, CISF shall be required to give its current deployment plan which shall include the details as to how they are managing their 197 personnel for duties from 5:00 a.m. to 9:30 p.m. so as to satisfy this Court regarding sufficient deployment.
• Mr. Rajesh Panwar, learned Senior Advocate & Additional Advocate General alongwith the responsible authorities shall assess the incentives given by progressive States of the Union of India and shall contemplate whether such incentives to the aviation industry can be provided in the aviation sector in question for the purpose of its viability and encouragement of the private airlines. Such assessment shall be required to be formulated and reproduced before this Court in the form of an affidavit.”

Accordingly, the High Court listed the Matter on March 17th, 2025 for further hearing.

Cause Title: Libra India v. Union of India & Ors. (D.B. Civil Writ Petition No. 875/2016)

Appearance:

Petitioner: Amicus Curiae Ankur Mathur; Advocates Shreshtha Mathur, Divya Bapna and Harshvardhan

Respondents: AGC Devesh Yadav and Ravindra Puri; Senior Advocates R.D. Rastogi, Vikas Balia and Rajesh Panwar; Advocates Sachin Saraswat, Kartik Singh Lodha, Deelip Kawadia, Rajat Dave and Avya Gupta

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