Many prestigious projects held up due to interim court directions
*Asks for serious attention towards SC, HC judgments
Mohinder Verma
JAMMU, Apr 1: Perturbed over delay in completion of various prestigious projects due to interim directions of the courts, the Government has directed the Revenue officers to take necessary steps in the light of various judgements of Supreme Court and High Court for vacating the stay and status-quo orders so that objectives behind such projects are achieved in a time bound manner.
“It has been observed that due to intervention of courts in land acquisition matters and consequent grant of interim stays and status-quo orders, various prestigious projects of strategic and national importance, developmental and other infrastructural works are put to a halt”, Principal Secretary to Government Revenue Department and Secretary to Government, Department of Law, Justice and Parliamentary Affairs have jointly mentioned in a circular.
The projects are delaying due to interim orders despite the fact that Supreme Court in catena of judgments has held: “In the matters pertaining to the acquisition of land for creation of infrastructural facilities, which are of national importance, interference of the courts should be minimal”.
“In cases of public importance, stalling the land acquisition proceedings is not appropriate and would be against the larger public interest involved in such projects and in matters of immense public importance the power to grant interim stays under Article 226 of the Constitution should not be exercised in normal course”, the Supreme Court has further held.
Moreover, the High Court in two landmark judgments titled Bishan Dass and Others Versus UT of J&K and Balvir Singh Versus State of J&K has laid down that projects of public importance should not be halted as same would be against the larger public interests and the constitutional courts should weigh public interests vis-a-vis private interests while exercising its discretion.
“When huge chunk of land is acquired, acquisition proceedings on the behest of owners of small pieces of land forming part thereof should not be disturbed especially when the award has already been passed”, the J&K High Court has mentioned in the judgment in Balvir Singh case.
In Ramniklal N Bhutta and Another Versus State of Maharashtra and Others, the Supreme Court has held: “Whatever may have been the practices in the past, a time has come where the courts should keep the larger public interest in mind while exercising their power of granting stay/injuction”.
“The power under Article 226 is discretionary and it should be exercised only in furtherance of interests of justice and not merely on the making out of a legal point. And in the matter of land acquisition for public purposes, the interests of justice and the public interest coalesce”, the Apex Court has further held.
“Even assuming that there is some ambiguity in particularizing the public purpose and the possibility of doubt cannot be ruled out, the constitutional courts in exercise of jurisdiction under Article 226 or 136 should not, as a matter of course, deal a lethal blow to the entire proceedings based on the theoretical or hypothetical grievance of the petitioner”, the Supreme Court has mentioned in another judgment, adding “it would be sound exercise of discretion to intervene when a real and substantial grievance is made out, the non-redressal of which would cause prejudice and injustice to the aggrieved party”.
Now, the Government has drawn the attention of revenue officers dealing with land acquisition matters towards all these and other relevant judgments of Apex Court and High Court of J&K for taking necessary steps for vacating the stay and status-quo orders granted in acquisition matters.
“They should cite the ratio laid down in these judgments while making submissions before the courts for vacation of interim orders so that the developmental projects of public and national importance are taken to their logical completion in a time bound manner”, the Principal Secretary to Government Revenue Department and Secretary to Government, Department of Law and Justice have mentioned in the directions issued to Revenue officers.
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