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SC lifts Himachal HC’s stay on Gaggal airport expansion project

A bench led by CJI took note of the submissions of the state govt, Airports Authority of India and the NHAI and stayed the operation of the HC order

Published on: Jan 22, 2024, 22:39:18 IST
By , New Delhi
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The Supreme Court on Monday put in abeyance a Himachal high court order that stayed the Gaggal airport expansion project in Kangra district, observing that its effect was to bring the entire project to a standstill despite the state government’s categorical assurance regarding a relief and rehabilitation process.

The plea before the HC had said 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. (File)
The plea before the HC had said 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. (File)

A bench, led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, stayed the January 9 order issued by the high court while taking cognisance of an assurance of the state advocate general that nobody will be dispossessed, nor will there be any demolition during the execution of the expansion project.

Senior counsel Mukul Rohatgi, representing the state government, further assured the top court that the state was contemplating a fresh techno-economic feasibility study and that the high court order had instead brought the entire project to a standstill.

“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 bench, which also included justices JB Pardiwala and Manoj Misra, said in its order.

During the brief hearing of the appeal filed by the state government, the bench also heard the counsel fot the writ petitioner before the high court, Gaggal Airport Expansion Affected Society Welfare Committee. The committee’s lawyer pointed out that there were issues of money that the state needed to complete the expansion project, besides the fact that it was a seismic zone.

  • Utkarsh Anand
    ABOUT THE AUTHOR
    Utkarsh Anand

    Utkarsh Anand is the National Legal Editor at Hindustan Times, where he leads the newspaper's coverage of the Supreme Court, constitutional law, the judiciary and the Union law ministry. He joined Hindustan Times in 2020 after stints at Press Trust of India (PTI), The Indian Express and CNN-News18, and has over two decades of experience reporting on law, governance and public policy. His work has focussed on some of India's most consequential constitutional and legal developments, including the Supreme Court's judgments on Article 370, marriage equality, decriminalisation of homosexuality, the Babri Masjid dispute, electoral reforms and judicial appointments. He specialises in making complex legal proceedings and judgments accessible to readers while examining their wider social and political impact. Beyond daily reportage, Utkarsh has led investigative projects and enterprise reporting that have shaped public debate and prompted institutional responses. His work has received several journalism awards, including the Ramnath Goenka Excellence in Journalism Award. As National Legal Editor, he has also played a key role in expanding Hindustan Times' legal journalism footprint, mentoring reporters and strengthening coverage across platforms. A Chevening South Asia Journalism Programme Fellow, Utkarsh regularly writes analyses on the judiciary and constitutional issues, and his reporting is widely followed by lawyers, judges, policymakers, academics and readers seeking clarity on India's evolving legal landscape.Read More