In a major blow to the Virbhadra Singh government under which lease of Himachal Pradesh Cricket Association (HPCA) was terminated and forcible possession of properties were done, the Himachal Pradesh High Court on Tuesday asked State Government to return the possession of the properties forcibly taken by it to HPCA.
The Court asked the State to restore status quo ante as on October 26, 2013 on the properties of the HPCA, the night when State Government cancelled the lease of HPCA properties unilaterally and police was asked to take control of the properties, including Dharamshala International Cricket stadium in a midnight action.
The State cabinet had cancelled the grant of lease of all lands given to HPCA and decided to take over the properties including Cricket Stadium and Hotel Pavillion at Dharamsala and lands at Bilaspur, Nurpur, Kotkhai and Shimla on October 26 midnight.
After the Government action, HPCA had moved the High Court and filed a writ petition challenging the Government’s move to cancel the lease of the properties. HPCA alleged that Government action was politically motivated and unilateral in which HPCA was neither issued any notices nor given a chance of hearing.
A Division Bench of the court comprising Chief Justice AM Khanwilar and Justice Kuldeep Singh observed that the orders of forcible dispossession is against law, constitutional guarantee and obligations of the State to its citizens, as a person is in settled possession of a premises, which cannot be dispossessed by an executive fiat, even though he can be stated as a trespasser.
The court observed that the ownership of a building is distinct than the right in the grant of lease given by the State. The bench further said that the state can terminate the lease, but it is no basis for forcible dispossession, for which the Government has to seek appropriate remedy in law.
“The Government is supposed to uphold the law but this action was against the law and we agree with the petitioner that it was a politically-motivated action as the State is not expected to act like this,” the bench observed.
The court added that the restoration of status quo ante is no impediment for the government to proceed with the legal remedies and the opinion is only prima-facie and for considering the grant of interim relief only.
As no reply was filed from the government side, the bench gave the Government time till November 18, 2013 for filing the reply and also gave time to the petitioners to file rejoinder by November 25, 2013. The court then adjourned the hearing for November 28.