HC restrains state from changing nature of Palampur varsity land

The High Court of Himachal Pradesh has, till further orders, restrained the officers/officials of the state from changing the nature of land of Chaudhary Sarwan Kumar Agriculture University, Palampur, in any manner, including raising any type of construction thereon or putting the same to any other use than the purpose for which it had been used before its transfer to the Department of Tourism and Civil Aviation.

The court passed the order on a public interest litigation (PIL) filed by the Himachal Pradesh Agriculture Teachers Association contending therein that the transfer of 112 hectares of the university to the Department of Tourism for developing a tourism village would adversely affect the interests of agricultural education and farmers.

While passing the interim order, a Division Bench comprising Justice Vivek Singh Thakur and Justice Rakesh Kainthla stated that “the university shall be at liberty to continue to use the aforesaid land as it was using it before transfer, but should not raise any permanent construction on it.”

The court confirmed the restraining order passed on September 24 and observed that “for filing no response to the specific pleadings in the petition as well as submission and observation recorded in the order passed on September 24 with respect to the need and requirement of the university, particularly for future expansion and non-availability of suitable land of the same quantum, we are of the considered opinion that a case is made out for modifying the interim injunction order dated September 24 for avoiding irreparable loss to the university as well as public interest.”

During the course of hearing, the counsel for the petitioner’s association contended that though the court, after taking into consideration all aspects of the matter, had found that a prima facie case was made out for interim injunction in the matter and the respondents were restrained from transferring the land in reference to the Department of Tourism and Civil Aviation, till further orders.

However, as transpired from the statement of the Advocate General recorded on October 17 and also from the contents of a counter affidavit filed on behalf of the state, the land already stood transferred in favour of the Department of Tourism and Civil Aviation and, therefore, there is need for the order to be modified by a suitable one so as to avoid the possibility of irreparable loss to public interest, because if the respondents are permitted to carry out any activity, including construction thereon during the pendency of the main petition or otherwise, to change the nature of the land rendering the same unusable for the purpose of the university, it will destroy the basic fabric of the university, causing irreparable loss.

The court listed the case for further hearing on December 12.