New Delhi:The Supreme Court on Monday stayed a Himachal High Court order, which stalled the Gaggal airport expansion project in the Kangra district. A three-judge bench led by Chief Justice of India DY Chandrachud said, "Issue notice. Pending further orders of the court, there will be a stay of the order issued by the High Court on January 9. This will, however, not preclude the High Court from hearing the writ petition on merits."
The apex court was informed that the High Court order brought the entire project to a standstill despite the state government’s categorical assurance regarding a relief and rehabilitation process. The High Court order was passed on a plea filed by some members of the Gaggal Airport Expansion Affected Society Welfare Committee. The High Court stayed the airport expansion project.
Senior advocate Mukul Rohatgi, appearing for the state government authorities, assured the apex court that the state was contemplating a fresh techno-economic feasibility study. The bench, also comprising Justice JB Pardiwala and Justice Manoj Misra, took note of the submissions of the Himachal Pradesh government, the Airports Authority of India and the National Highways Authority of India, while staying the operation of the High Court order.
The High Court had 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. During the hearing, Rohatgi submitted that of the three airports in Himachal Pradesh, the one in Kangra is the only facility where expansion is a possibility.
The apex court was informed that the High Court order had stalled everything despite the advocate general making a statement that neither any demolition would take place nor anyone be dispossessed. A counsel argued against the project and added that the place in question falls under a seismic zone. “There is already an airport and this is the expansion plan,” noted the bench.
The top court was hearing the appeal of the government authorities challenging the High Court order. 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.
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