Chandigarh, November 25
The Union Ministry of Home Affairs today found itself at the receiving end in Chandigarh IT Park land acquisition case with the Punjab and Haryana High Court verbally lambasting it for “washing its hands off the controversy” by leaving the decision to go ahead with the process on the UT administration.

The MHA has asserted decision to continue with acquisition or otherwise was to be taken by the “Administrator only”.

The assertion by the Bench came soon after MHA counsel referred to an affidavit saying the “acquisition of land for the IT Park (phase III) was to be put on hold”. The affidavit added: “A decision to continue with this acquisition or otherwise has to be taken by the Administrator, UT, only, who has been delegated powers of the appropriate government under the Land Acquisition Act, 1894, and who had taken the decision to acquire the land for this purpose”. Additional Secretary B Bhamathi was present during the hearing.

As the MHA counsel read out the affidavit by Under Secretary Ranvir Singh, Justice Jasbir Singh and Justice Augustine George Masih questioned him on logic behind the move.

Describing it as “very surprising”, Justice Jasbir Singh asked the counsel to explain the MHA stand. Asking the ministry to take a decision, Justice Jasbir Singh said: “You cannot wash your hands. You have to tell whether you agree with the project or not. Once you have indicated deficiencies, what follow up action did you take?”

Referring to an inquiry initiated on the Centre’s behalf, Justice Jasbir Singh asked: “Was the report a waste paper? If you cannot take action, why ask for the information”.

The Bench also questioned the counsel whether the acquisition process had the approval of UT’s earlier administrator; and whether any land was released after the acquisition process.

The observations were verbally made in the open court and cannot be construed as expression of final opinion. The case will now come up on January 27, 2011.