Bombay High Court dismissed the petition filed by Godrej & Boyce challenging the government’s decision to acquire their land for the Mumbai-Ahmedabad high-speed rail project. The court said, “It was a dream project, and the country needs it.”
The bench, consisting of R D Dhanuka and M M Sathaye, gave the judgment on Thursday, whereas the detailed order is yet to be released. The bench said, “The project is of national importance and public interest, and no interference is required. We found no illegality in the compensation awarded to the company. It is collective interest that would prevail. The project would be the first of its kind.”
Godrej & Boyce’s advocate Navroz Seervai, said, “When the land is taken away, the appeal will become infructuous. I am not asking for a stay but for a status quo. The project is nowhere near completion, and two weeks can not prejudice the project.”
Additional Solicitor General (ASG) Anil Singh, appeared for the National High-Speed Rail Corporation Limited (NHSRCL) and opposed the request made by Godrej & Boyce, and said that the land needs to be acquired.
Former Advocate General Ashutosh Kumbhakoni appearing from the side of the Maharashtra government, also opposed the company’s request.
The bench said that at the beginning itself, interim relief was refused, so there is no question of granting a stay now.
The plea, filed by the company, challenged an award of compensation passed on September 15, 2022, by the Deputy Collector for acquiring the company’s land after awarding compensation of Rs 264 crore.
The petition also challenged the amendment, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, after which the bullet train project had been exempted from social impact assessment carried out by experts.
Kumbhakoni told the court that the land acquisition for the Mumbai-Ahmedabad Bullet train project is complete except for the land owned by Godrej & Boyce company. He also argued that there was no violation of the fundamental rights of Godrej & Boyce.
“There was a suit filed by the state claiming title over the land, which Godrej & Boyce had disputed. Despite the suit, the state offered compensation,” he added. He further clarified the fact that if the title of the land goes in the state’s favour, it will seek a return of the paid compensation.
Adding to the argument, Anil Singh said that NHSRCL had completed 100 per cent land acquisition in Gujarat and commenced work for the bullet train project, while in Maharashtra, they had completed only 97 per cent of land acquisition.
He also said that lands owned by companies like Godrej & Boyce that are pending for acquisition, and Godrej’s petition is only causing delay and could lead to an escalation in the costs of the project. He added that if compensation is a concern, then higher compensation can be considered, but the project should not suffer any further.