Supreme Court lifts HP High Court stay on Gaggal airport expansion project in Kangra district

Satya Prakash

New Delhi, January 22

The Supreme Court on Monday stayed the Himachal Pradesh High Court’s order that halted the Gaggal Airport expansion project in Kangra district of the state.

Acting on a petition filed by Gaggal Airport Expansion Affected Society Welfare Committee, the high court had on January 9 ordered a status quo till February 29 on all aspects of the airport expansion project, including the relief and rehabilitation process, taking possession of the land notified for acquisition and the demolition of structures on it.

Submission on behalf of state govt

• A Bench led by CJI DY Chandrachud stayed the HC’s order after senior counsel Mukul Rohatgi submitted on behalf of the state government, Airports Authority of India and the NHAI and pointed out that the HC stalled the project despite the Advocate General making a statement that no demolition will take place and no one will be dispossessed
• The HC, while taking note of a plea filed by some members of the Gaggal Airport Expansion Affected Society Welfare Committee, had stayed the airport expansion project on January 9

A three-judge Bench led by CJI DY Chandrachud stayed the high court’s order after senior counsel Mukul Rohatgi submitted on behalf of the Himachal Pradesh Government, Airports Authority of India and the National Highways Authority of India pointed out that the high court stalled the project despite the Advocate General making a statement that that no demolition will take place and no one will be dispossessed.

Rohatgi said among the three airports in Himachal Pradesh, the one at Kangra was the only one where expansion was possible.

“There is already an airport and this is the expansion plan,” the CJI said when a lawyer representing the respondents tried to impress upon the Bench by saying that the area fell under seismic zone-v.

While issuing notice on the state’s petition, the top court stayed the high court’s order and said the HC can proceed to decide the matter.

The high court had on January 9 ordered status quo in all respects with regard to the relief and rehabilitation process as well as taking possession of the land notified for acquisition or demolition of structures located on the land notified for acquisition and posted the matter for hearing on February 29.

The petitioners before the high court had contended that since the government was reconsidering the matter, it would not be proper at this stage to permit the state to proceed with taking possession of the land notified for acquisition or demolish structures there or proceed with the relief and rehabilitation process

The plea before the high court had said that since the government was reconsidering the matter, it would not be proper to permit the state to proceed with taking possession of the land notified for acquisition or demolish structures on it or proceed with the relief and rehabilitation process.

The high court had said “there is a possibility that the state government may revisit its own decision to proceed with the expansion of the Gaggal airport after examining all aspects of the matter. In such an event, there is every possibility of time and expenses spent on the hearing on relief and rehabilitation going waste”.