'Such Blanket Stay On Infrastructural Projects Inappropriate' : Supreme Court Vacates HC's Embargo On Gaggal Airport Expansion

The Supreme Court has vacated the Himachal Pradesh High Court's direction for status quo on the ongoing  Gaggal (Kangra) Airport expansion project. 

In the order, passed on March 7 and uploaded on the Supreme Court's website yesterday, the bench led by Chief Justice of India DY Chandrachud criticised the High Court for imposing a blanket stay.

"The interim direction of the High Court dated 9 January 2024 puts a complete embargo on the State following due process of law towards the proposed expansion of the Gaggal (Kangra) Airport. Bearing in mind the time and cost over runs resulting from such blanket orders of stay on infrastructural projects, such a direction was inappropriate and uncalled for," observed the bench comprising CJI ,Justices JB Pardiwala and Manoj Misra.

The bench was hearing a petition filed by the Himachal Pradesh Government challenging the the January 9 order of the High Court which stayed the taking of possession of land notified for the expansion project. 

The High Court had passed this direction while hearing a writ petition filed by families residing at the notified land who would affected by the project. Notably, prior to January 9, during one of the hearings before the High Court, the Advocate General of the State submitted that the State will not dispossess anyone from the land which forms part of the notification and no structure within such notified land would be demolished. 

The Court took note of the assurance given by Senior Advocate Kapil Sibal representing Himachal Pradesh Government of not dispossessing families from the notified land as recorded by the High Court earlier. 

"During the course of the hearing Mr Kapil Sibal, senior counsel appearing on behalf of the State of Himachal Pradesh has assured the Court that the statement which was made by the Advocate General before the High Court shall continue to remain in operation in the meantime, unless the Court is moved for appropriate modification in view of any change in circumstances. We take the assurance on the record."  

The bench directed the vacation of the stay order of the High Court. It clarified that High Court can continue hearing the merits of the writ petition. It added that in the instance of change in circumstances leading to alterations of the statement of the Advocate General, the state was at liberty to move the High Court. 

Case Details : The Principal Secretary & Ors v. Gaggal Airport Expansion Affected Social Welfare Committee SLP (C) No 1676 of 2024

Citation : 2024 LiveLaw (SC) 684

Click here to read the order