HC raps Punjab for non-cooperation

Saurabh Malik

Tribune News Service

Chandigarh, February 21

Taking serious note of the Punjab Government’s alleged non-cooperation in the Chandigarh international airport matter, the Punjab and Haryana High Court today directed state Advocate-General Atul Nanda to remain present before the Bench on each and every date of hearing. He would be assisted by the state Chief Secretary, who was also asked to be present before the Bench on the next date of hearing.

The directions by the Bench of Chief Justice Krishna Murari and Justice Arun Palli came after Assistant Solicitor-General of India Chetan Mittal told the Bench that Punjab was not cooperating in the matter.

Mittal’s submission followed a statement by the petitioner’s counsel Puneet Bali that the issue regarding installation of the CAT-III instrument landing system was not being taken seriously. Mittal submitted that the system was to be installed at a parallel runway and the Airports Authority of India was also to contribute. However, the Punjab Government refused to chip in.

It was eventually decided to install the facility at the main runway, for which defence installations were required to be removed. 

For the purpose of installing CAT-III to enable landing during poor visibility, 0.6 acre was required to be acquired. Punjab initially came up with an assurance that the work would be done. After several months, the state said the land was in the UT and could not be acquired by it. Punjab, in the meantime, pocketed Rs 10,000-crore revenue through taxes and other sources. 

Referring to a status report elaborating on the issue of encroachments, drainage and approach road, Mittal said a house had been constructed on a drain. A notice was issued, but the occupant filed a civil suit.

The Bench, after going through the documents, asserted that the state waited from November last year till about three days ago when the notice was sent. The Bench added that non-cooperation was apparent and the Bench would not hesitate in directing the state to deposit Rs 5,000 crore in the court.

Mittal added that the work of lighting and installation of CAT-II facility was to be carried out by TATA Power SED. But the expenses had almost doubled, compelling them to go in for open tender.         

Bench apprised of safety concerns  

Safety concerns were once again raised after the Punjab and Haryana High Court was told that construction in the restricted zone was noticed in the Behlana, Ram Darbar and Faidan areas of Chandigarh, adjoining the Air Force Station boundary.

The Bench was also informed that the construction of second and third storeys on pre-constructed single-storey building was being carried out by residents in the restricted areas, which was further jeopardising the security of the base.

As the case came up for resumed hearing, the minutes of a joint meeting held between the Air Force and civil authorities of Punjab and Chandigarh government officials on February 15 was placed on record. The note on the minutes of the meeting added that demolition notices had been issued to illegal occupants by the UT Deputy Commissioner.

The detailed note placed before the Bench added that letters to the MC Commissioner and the land acquisition offices were being issued to prevent new buildings or structures and additional structures in and outside the abadi area within the radius of 100 metres from the boundary of the Air Force Station. 

It was added that in the abadi deh area of Behlana, around 140 to 150 structures had been identified and notices issued.