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Restore properties to HPCA, Himachal HC tells govt
Court orders ‘status quo ante’; pulls up state govt
Vijay Arora

Shimla, November 5
In a major setback to the Himachal Pradesh Government, the high court today directed the state authorities to immediately restore possession of the Dharamsala cricket stadium and other properties taken over on October 26 to the Himachal Pradesh Cricket Association (HPCA).

The interim court order directing the state government to restore “status quo ante” as on October 26, 2013, forthwith has come as a major reprieve for the HPCA.

A petition was filed by the state cricket body challenging the decision of the government to cancel the lease granted in favour of it and take over its premises. The HPCA is a headed by Anurag Thakur, BJP MP and son of former Chief Minister Prem Kumar Dhumal.

The Bench comprising Chief Justice AM Khanwilkar and Justice Kuldip Singh observed the order of forcible dispossession was against the law, constitutional guarantee and obligations of the state to its citizens as a person in settled possession of a premises cannot be dispossessed by an executive fiat, even though he can be stated as a trespasser.

The court observed the ownership of a building is different from the lease right granted by the state. The state can terminate the lease, but it is no basis for forcible dispossession, for which the government has to seek appropriate legal remedy.

However, the court said the restoration of “status quo ante” was no impediment for the government to proceed with available legal remedies and that the “status quo ante” order was only an interim relief.

As no reply was filed by the state, the court allowed it time till November 18 for filing a reply and further allowed the petitioners to file rejoinder by November 25. The matter would now be heard on November 28. The counsel for the petitioner said the midnight takeover of the cricket stadium and the Hotel Pavilion at Dharamsala by the Deputy Commissioner was against the rule of law as the HPCA was not allowed proper opportunity to be heard.

He further contended that the decision of the state Cabinet to cancel the leases granted to the HPCA without any legal authority was indicative of the political vendetta. The counsel for the state justified the action saying the conversion of the HPCA from a society to a company was against the provisions of the societies Act.

interim relief

• In its interim order, the high court directed the state government to restore “status quo ante” as on October 26, 2013
• It said the order of forcible dispossession was against the law
• The ownership of a building is different from the lease right granted by the state, it said
• Lease can be terminated but it is no basis for forcible dispossession, it observed
• However, the Bench said the restoration of “status quo ante” was no impediment for the government to proceed with available legal remedies