HP High Court Stays Change in Land Use Transferred to Tourism Department..

Shimla, November 23: Himachal Pradesh High Court has restrained the state government from altering the nature of a piece of land transferred from the Agricultural University in Palampur to the Department of Tourism and Civil Aviation.

The court’s decision comes amid allegations of public interest being jeopardized by prioritizing short-term tourism projects over long-term educational needs.

The Case

The Himachal Pradesh Agriculture Teachers Association filed a public interest litigation (CWPIL No. 58 of 2024) challenging the state government’s decision to transfer 112 hectares of university land for a tourism project.

They argued that the move would irreparably harm the university’s expansion plans and ancillary activities.

Represented by advocate Narender Singh Thakur, the petitioners raised concerns about the state’s inability to provide an equivalent piece of land, despite its promises.

The state, represented by Additional Advocate General Rakesh Dhaulta, countered by stating that a new 20-22 hectare plot was being identified for the university. However, the court found the government’s proposal inadequate and vague.

Court's Observations

The court noted discrepancies in the government’s submissions, pointing out that no suitable alternative land had been conclusively identified.

In its detailed order, the court remarked, “Land is not a subject to be searched by using microscopic instruments. If suitable land were available, it should have been identified and allotted by now.”

The court also criticized the state for undermining the university's long-term needs in favor of tourism projects, warning that the decision could cause “irreparable damage to public interest.”

Key Orders

In its ruling, the court:

1. Restrained the government from changing the nature of the transferred land, including undertaking any construction, until further orders.

2. Allowed the university to continue using the land for its current purposes but prohibited permanent constructions.

3. Directed that the interim injunction issued earlier on September 24, 2024, be modified to ensure no further damage to the land or the university’s interests.

Petitioners’ Concerns

The petitioners alleged that the state government was acting under vested interests, treating the university authorities as mere puppets. They questioned the feasibility of the proposed 20-22 hectares of replacement land, claiming the state had failed to back its assurances with concrete action.

Next Steps

The case is now scheduled for further hearing on December 12, 2024. The court has warned the government against any construction or use of the land for tourism purposes until a final decision is reached.

This case highlights the ongoing tension between developmental projects and the preservation of educational institutions’ long-term interests, raising critical questions about governance priorities in Himachal Pradesh.