Rajasthan High Court: In a Public Interest Litigation (PIL) concerning aviation infrastructure development in Jodhpur, a Division Bench of Pushpendra Singh Bhati and Chandra Prakash Shrimali, JJ., expressed concern over continuous timeline extensions and the slow pace of development and issued directions to various stakeholders to submit affidavits and policy reports to ensure timely development of aviation infrastructure.
In the instant matter a PIL is filed concerning the inadequate aviation infrastructure in Jodhpur, Rajasthan, and its impact on the region’s connectivity, economic growth, institutional development, and citizens’ right to a dignified life. Jodhpur, the second-largest city of Rajasthan and the gateway to the Thar Desert, is facing challenges in air connectivity despite its strategic significance, housing major institutions of national importance, including AIIMS, IIT, NLU, and NIFT and serving as a principal seat of the Rajasthan High Court.
The Court noted that the key issue is lack of aviation infrastructure which is due to underdeveloped Jodhpur Airport resulting in limited number of direct flights which is affecting accessibility for professionals, tourists, and businesses. The Court noted that the PIL has been pending since 2016, causing adverse effects on strategic defence areas, institutional operations, tourism, healthcare, and professional sectors.
“This Court is also concerned about the basic facilities to a common citizens because in earlier time the aviation industry was a conspicuous industry which catered only to the need of upper class but today in the modern times, post globalization where all the countries have economically integrated, the economic development, expansion of financial, institutional, professional and super- specialty prospects and other avenues alongwith the right to livelihood, depend upon the ease of air commutation.”
The Court observed that poor connectivity hinders the citizens’ fundamental right to live a meaningful and dignified life under Article 21 of the Constitution of India. The Court stated that as per Article 38 of the Constitution of India, the State has a responsibility to promote the welfare of its people by ensuring access to facilities like transportation.
The Court acknowledged that the lack of aviation infrastructure is a systemic issue caused by an ineffective aviation policy and delayed infrastructural planning. The Court noted that the construction of a new terminal building was initially set for March 2025 but was later extended to October 2025. The Court noted that the lack of viable operational expansion by private airlines, inadequate incentives for airlines, and insufficient government intervention has further delayed progress. The Court stressed that repeated assurances by authorities over the last nine years have not led to tangible results.
The Court noted that 3 taxi stands are reportedly completed and 197 CISF personnel are deployed at the airport, but their living conditions and operational facilities need further improvement. The Court noted that Indigo & Air India assessed the viability but stated that an increase in flights unfeasible at present, however, they agreed to reassess the situation periodically. It was noted that Alliance Airlines being a government-controlled airline, may be directed to increase services in the region.
The Court further noted that Jodhpur Development Authority (JDA) has not allocated additional land for future airport expansion and the Rajasthan Government has yet to present a comprehensive aviation development policy for western Rajasthan. The Court asserted that the Central Government must integrate aviation policies for underdeveloped regions like western Rajasthan.
The Court issued direction to —
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The Secretary to the Government of India, Ministry of Civil Aviation, to submit an affidavit explaining the delay in meeting the March 2025 deadline and detailing steps to complete the terminal by October 2025. The affidavit must include an update on the operational status of the 13 taxi stands.
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The Director General, CISF, to submit an affidavit regarding permanent residential/lodging facilities and a plan for managing 197 CISF personnel. The affidavit should confirm the adequacy of current personnel deployment.
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The Rajasthan government to compare its aviation incentives with those offered by progressive states and assess the feasibility of offering further concessions. This assessment must be submitted in affidavit form.
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The Amicus Curiae to provide a comparative analysis of aviation infrastructure development in other states and their top three airports.
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The Commissioner, Jodhpur Development Authority, to file an affidavit outlining proposals for allocating more land to Jodhpur Airport for future expansion. Maintain the status quo on the previously proposed 25 bighas of land shall.
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The Ministry of Civil Aviation to submit an affidavit detailing its policy for integrating remote regions like Western Rajasthan into the national aviation network. The affidavit should outline a roadmap for improving connectivity.
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The Ministry of Civil Aviation to consider directing government-controlled airlines (e.g., Alliance Air) to increase flight services to Jodhpur. Private airlines must continue assessing the viability of adding new routes.
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The Secretary, General Administration Department (Civil Aviation), Rajasthan, must submit an affidavit regarding any existing policy for aviation development in Western Rajasthan.
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To schedule the matter for further hearing on 17-03-2025.
[Libra India v. Union of India, D.B. Civil Writ Petition No. 875/2016, Decided on 20-02-2025]
Advocates who appeared in this case:
Mr. Ankur Mathur (Amicus Curiae) with Ms. Shreshtha Mathur, Ms. Divya Bapna and Harshvardhan, Counsel for the Petitioner
Mr. Devesh Yadav, AGC (through VC) for Mr. R.D. Rastogi, Sr. Adv. & ASG Mr. Rajesh Panwar, Sr. Adv. & AAG assisted by Mr. Ravindra Puri, AGC Mr. Vikas Balia, Sr. Adv. assisted by Mr. Sachin Saraswat, Mr. Kartik Singh Lodha, Mr. Deelip Kawadia, Mr. Rajat Dave with Ms Avya Gupta, Counsel for the Respondents
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