Supreme Court Lifts Himachal Pradesh High Court Embargo On The Expansion Of Gaggal Airport, Saying “Such Blanket Stay On Infrastructure Projects Is Inappropriate.”

Last Updated on September 11, 2024 by Arti Kumari

The Himachal Pradesh High Court’s order to maintain the status quo on the ongoing Gaggal (Kangra) Airport extension project has been overturned by the Supreme Court.

The bench, headed by Chief Justice of India DY Chandrachud, criticized the High Court for imposing a blanket stay in the order, which was passed on March 7 and posted on the Supreme Court’s website yesterday.

“The High Court’s interim directive, dated January 9, 2024, places a total embargo on the State with respect to the projected Gaggal (Kangra) Airport development, subject to due process of law. The bench  consisting of Justices JB Pardiwala, Manoj Misra, and CJI noted that “such a direction was inappropriate and uncalled for, bearing in mind the time and cost over runs resulting from such blanket orders of stay on infrastructural projects.”

The Himachal Pradesh government filed a plea contesting the High Court’s January 9 order, which halted the acquisition of land designated for the expansion project, and the court was deliberating over it.

During a writ petition hearing, families whose homes were on the notified land and would be impacted by the project filed the case, the High Court issued this directive. Remarkably, the State’s Advocate General claimed that no building on land included in the notification would be demolished and that no one would be evicted from the site prior to January 9 during one of the hearings before the High Court.

The Himachal Pradesh government’s guarantee, provided by Senior Advocate Kapil Sibal, that households would not be forced to leave the notified land, as previously noted by the High Court, was acknowledged by the court.

The State of Himachal Pradesh’s senior counsel, Mr. Kapil Sibal, gave the court an assurance during the hearing that the declaration made by the Advocate General before the High Court would stand for the time being, unless the Court is asked to make an appropriate modification in light of a change in circumstances. We accept the guarantee for the documents.

The bench ordered the High Court’s stay order to be vacated. It made it clear that the High Court can carry on deliberating on the merits of the writ petition. It further stated that the state was free to petition the High Court if events changed and the Advocate General’s position was modified.

Case Title : The Principal Secretary & Ors v. Gaggal Airport Expansion Affected Social Welfare Committee.

Citation No : Petition(s) for Special Leave to Appeal (C) No(s). 1676/2024