Uttarakhand High Court quashes helipad takeover over lack of notice

The Uttarakhand High Court has ruled that land cannot be temporarily acquired under Section 81 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, without providing prior notice for a reasonable period.

The ruling came during a hearing of writ petitions filed by Deccan Charters Pvt. Ltd., which operated a helipad for the Shri Hemkund Sahibji Helicopter Yatra. The company challenged the state's temporary acquisition of the helipad on May 23, 2024, arguing that the move lacked public purpose, bypassed due process, and failed to provide mandatory legal notices.

Justice Ravindra Maithani observed that individuals cannot be divested of the use of their land without following due process of law. The court emphasized that when an act is required to be performed in a specific manner, it must be done in that manner exclusively, noting that prior notice is a mandatory requirement for temporary acquisition.