MUMBAI:
The Mumbai-Ahmedabad bullet train is a “dream project of this country and is of national importance. And public interest”, the Bombay High Court on Thursday dismissed a plea filed by Godrej & Boyce Company challenging. The acquisition process initiated by the Maharashtra government. and NHSRCL in Vikhroli area of Mumbai for the project.
A division bench of Justices RD Dhanuka and MM Sathaya held that the scheme. Was one in kind and collective interest would prevail over individual interest.
“It is ultimately the collective interest that will ultimately prevail. In the facts of this case, the private interest claimed by the petitioner does not prevail over the public interest. Which will protect the public infrastructure project which is a dream project of this country and first of its kind,” it said.
“In our view the bullet train project is an infrastructure project of national importance. Will benefit a large number of people and preserve other benefits for the betterment of this country,” the court said.
About 21 km of the total 508.17 km railway between Mumbai and Ahmedabad is planned to be undergrounded. One of the entry points of the underground tunnel falls on the land of Vikhroli (owned by Godrej).
The state government and the National High Speed Rail Corporation Limited (NHSRCL). Claimed that the company was delaying the entire project of public importance.
The bench, in its judgment, said the provisions of the Fair Compensation Act empowered. The government to take the already initiated acquisition process to its logical conclusion.
The court also refused to accept Godrej’s contention that the compensation.
“The compensation received at the stage of personal negotiations cannot be considered as final and binding because the said personal negotiations have failed”.
The authorities told the High Court that the entire line acquisition process for the Mumbai-Ahmedabad bullet train project. Has been completed except for the land owned by Godrej & Boyce Manufacturing Company Limited in Vikhroli area.
The company and the government have been embroiled in a legal dispute since 2019. over the acquisition of company-owned land in Mumbai’s Vikhroli area for the bullet train project.
The state government had earlier informed. The court that it had already deposited the compensation amount of ₹ 264 crore paid to the company in October last year.
Godrej & Boyce Manufacturing Company Limited had filed a petition challenging. The September 15, 2022 order passed by the Maharashtra government to acquire land for the bullet train project.
It termed the land acquisition process initiated by the state government as “illegal.” And claimed that it contained “multiple and patent illegalities”.
The High Court bench, however, said it did not find any illegality in the compensation or proceedings initiated by the authorities. “We find no illegality in the compensation,” it said.
Senior advocate Navroz Servai, appearing for the company. Asked the high court to stay its order for two weeks so that they could approach the Supreme Court for appeal. The bench, however, refused to stay its order.
The company had earlier sought the High Court’s direction to the state government not to proceed. With the process of award pass and initial takeover.
It said that the award made by the government was “illegal ex post facto and therefore a nullity”.
It also denied allegations made by the government and NHSRCL that the agency was causing unnecessary delays in the project.
