Shimla, Nov 23,
The Himachal Pradesh High Court has issued an interim order restraining the state government and its agents from altering the use of 112 hectares of land previously allocated to the Himachal Pradesh Agriculture University. The land, recently transferred to the Department of Tourism and Civil Aviation, was designated for a tourism project in Palampur.
The Division Bench of Justice Vivek Singh Thakur and Justice Rakesh Kainthla emphasized the importance of preserving the land for the university’s activities until the case is resolved. The Court stated, “No permanent construction or change in land use should be carried out either by the Department of Tourism or the University during the pendency of this matter.”
Also read: Himachal Pradesh High Court halts 112-hectare land transfer from Agriculture University to Tourism department
The Court’s directive followed a petition filed by the Himachal Pradesh Agriculture Teachers Association, opposing the transfer of university land to the Tourism Department. The petitioner argued that the move jeopardized the university’s long-term growth and public interest.
Key Arguments
The petitioner highlighted that the government’s proposal to provide 20-22 hectares of alternate land for the university was inadequate and lacked clarity. “Land suitable for the university’s expansion and research is irreplaceable, and the process of identifying alternative land appears arbitrary,” said the petitioner’s counsel.
In response, the state government contended that the transfer was necessary to promote tourism development and assured the Court that efforts to identify alternate land for the university were underway.
Court’s Observations
The Bench observed that the state had not provided sufficient evidence to demonstrate the availability of suitable alternate land for the university. It also noted that transferring the land to the Tourism Department without securing an appropriate replacement posed a risk of “irreparable loss” to the university’s future development.
The Court further remarked, “Short-term gains in tourism development must not come at the cost of long-term public interest and educational growth.”
The Court modified its earlier interim injunction, allowing the university to continue using the land for existing purposes while barring both parties from any permanent construction.
“ Needless to say, the University shall be at liberty to continue to use the aforesaid land as it was being used by it before transfer, but no permanent construction shall be raised by the University also on the land in reference,” observed the court.
The matter is scheduled for further hearing now on December 12, 2024.
