SC Stays HP HC’s Stay On Gaggal Airport Expansion Project In Kangra District

The Supreme Court on Monday has stayed a January 9 Himachal Pradesh High Court order that stalled the Gaggal airport expansion project in the state’s Kangra distrist.

While taking note of a plea filed by some members of the Gaggal Airport Expansion Affected Society Welfare Committee, the high court had stayed the airport expansion project.

It ordered a status quo till February 29, the next date of hearing, on all aspects of the matter, including the relief and rehabilitation process, taking possession of the land notified for acquisition and the demolition of structures on it.

A bench comprising of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra took note of the submissions of the Himachal Pradesh government, Airports Authority of India and the National Highways Authority of India and stayed the operation of the high court order.

Senior advocate Mukul Rohatgi, appearing for the government authorities, said of the 3 airports in Himachal Pradesh, the one in Kangra is the only facility where expansion is a possibility and the high court order has stalled everything despite the advocate general making a statement that that neither any demolition will take place nor anyone be dispossessed.

The Chief Justice said when a lawyer opposed to the project submitted that the place in question falls under a seismic zone, “There is already an airport and this is the expansion plan.”

The bench stated and added that the high court, however, can proceed to decide with the pending petition, “We will issue the notice and stay the Himachal Pradesh High Court order.”

The top court heard the appeal of the government authorities.

The plea before the high court stated that since the government was reconsidering the matter, it wouldn’t 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 observed on January 9 while staying the project, “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 (to) waste.”