Mr. Jorgay Namka vs Mr. Vivek Kohli
2021 Latest Caselaw 63 Sikkim

                                                                      COURT NO.1



                      HIGH COURT OF SIKKIM
                   Record of Proceedings through Video Conferencing

                            WP (PIL) No. 06/2019

IN RE: SUSPENSION OF FLIGHT OPERATIONS FROM PAKYONG AIRPORT


For Petitioner          :     Mr. Jorgay Namka, Amicus Curiae.

For Respondents No.2 &:       Mr. Vivek Kohli, Advocate General.
5                             Ms. Y.W. Rinchen, Government Advocate.

For Respondents No.3 &:       Mr. Manish Kumar Jain, Advocate.
4

For Respondent No.6     :     Mr. Abhinav Sharma, Advocate.

For Respondents No.1 &:       None.
7

Date: 26/10/2021

CORAM:
    HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
    HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
                             ...

JUDGMENT: (per the Hon'ble, the Chief Justice) (Oral)

Based on a news article titled "SpiceJet suspends Pakyong flights for

four months", which was published in an English daily newspaper, "Sikkim

Express" on 2nd June, 2019, the instant suo motu Public Interest Litigation

was registered. The first order which is on record, is an order dated 6th

June, 2019, and thereafter, the matter has been heard from time to time

for more than two years. Pleadings have been exchanged and reports

have been filed by various authorities. As of now, we have been informed

that flight operations have resumed at Pakyong Airport. Various reports

and pleadings, however, clearly indicate that there are several issues

which are required to be addressed by the stakeholders, especially, with

regard to acquiring of land and setting up of proper and essential

navigational equipments.

COURT NO.1

We do not intend to enlarge the scope of this suo motu Public

Interest Litigation beyond the issue for which it was initiated, i.e.,

suspension of flight operations from Pakyong Airport. The reason is, flight

operations have resumed from Pakyong Airport. We, however, dispose of

this Public Interest Litigation with an observation that all stakeholders

shall consider the issues which are involved, particularly, those which led

to the suspension of flight operations from Pakyong Airport and address

them on a priority basis so that the object of creation of Pakyong Airport

is not frustrated due to those reasons.

This suo motu Public Interest Litigation stands, accordingly,

disposed of.

         (Meenakshi Madan Rai)                         (Biswanath Somadder)
                Judge                                       Chief Justice
jk/avi