HC restores cricket stadium to HPCA

The stadium,built in 2003,has hosted IPL matches and a ODI between India and England earlier this year.

In A major jolt to the Virbhadra Singh government,the Himachal Pradesh High Court on Tuesday restored possession of the Dharamsala international cricket stadium to the Anurag Thakur-led Himachal Pradesh Cricket Association (HPCA).

The stadium,built in the foothills of the Dhauladhar ranges on 32 acres of land,was taken over by the government late at night on October 26 after the state cabinet,in a meeting presided over by CM Virbhadra Singh,cancelled the grant of lease of all lands handed to the HPCA. Kangra deputy commissioner was directed to immediately take possession of the stadium.

A division bench comprising Chief Justice A M Khanwilkar and Justice Kuldip Singh on Tuesday termed the Congress governments decision,which led to a midnight police swoop,as an act of high-handedness. The bench added that the action was politically motivated,as alleged by the petitioners,and ruled that it went against all established norms and rule of law.

In an interim order,the court stayed operation of the order passed by the principal secretary (Revenue) cancelling the lease granted to HPCA for its stadium and a five-star luxury hotel The Pavilion at Dharamsala.

We order the state government to restore a status quo ante (the position prevailing before October 26 ,2013 – the day the state cabinet cancelled the land lease), the court said.

The bench observed that the orders of forcible dispossession is against law,constitutional guarantee and obligations of the state to its citizens as a person in settled possession of a premises cannot be dispossessed by an executive fiat,even though he can be stated as a trespasser.

But the order clarified that the restoration of status quo ante will not be an impediment for the government to proceed with legal remedies and added that the opinion is only prima facie.

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The court gave the state time till November 18 to file a reply and directed the petitioners to file their rejoinder by November 25. It will hear the case again on November 28.

HPCA president and BJP MP Anurag Thakur had challenged the state governments decision to take possession of the cricket bodys assets.

The stadium,built in 2003,has hosted IPL matches and a ODI between India and England earlier this year.