Supreme Court vacates High Court’s stay order on Gaggal airport expansion project

The Supreme Court has vacated the Himachal Pradesh High Court’s order staying the Gaggal airport expansion project in Kangra district.

“Bearing in mind the time and cost overruns resulting from such blanket orders of stay on infrastructure projects, such a direction was inappropriate and uncalled for,” said a Bench led by Chief Justice of India DY Chandrachud in its March 7 order uploaded on its website recently.

The top court took on record the assurance given by senior counsel Kapil Sibal, representing the Himachal Pradesh Government that the statement made by the state’s Advocate General before the High Court shall continue to remain in operation in the meantime, unless the court was moved for appropriate modification in view of any change in circumstances.

Direction uncalled for

Bearing in mind the time and cost overruns resulting from such blanket orders of stay on infrastructure projects, such a direction was inappropriate and uncalled for, —Bench led by Chief Justice of India DY Chandrachud

The Advocate General had assured the High Court that the state would not dispossess anyone from land, which forms part of the notification issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, notified for the expansion of the Gaggal airport in Kangra and no structure located on the land forming the subject matter of the notification would be demolished.

While vacating the High Court’s order, the top court said, “The High Court will be at liberty to proceed ahead with the disposal of the writ petition on merit. In the event that there is any change in circumstances warranting an alteration of the statement by the Advocate General for Himachal Pradesh, we grant liberty to the state to move the High Court in that regard.”

Acting on a petition filed by the Gaggal Airport Expansion Affected Society Welfare Committee, the High Court had on January 9 ordered a status quo 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.

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

They had also said that the area falls under Seismic Zone-V.

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”.