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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.