Bombay HC dismisses Godrej & Boyce plea against land acquisition

The Mumbai-Ahmedabad bullet train project, a high-speed rail system connecting Mumbai and Ahmedabad, has been deemed a "dream project of this country and of national importance and in public interest" by the Bombay High Court. The court has ruled in favour of the state government on a petition filed by Godrej & Boyce challenging the acquisition proceedings initiated by the Maharashtra government and the National High Speed Rail Corporation Limited (NHSRCL) in Mumbai's Vikhroli area for the project.

The court stated that the project was of unique importance and that the collective interest of the public would take precedence over private interests, such as those claimed by Godrej & Boyce. In cases where there is a conflict between inter and intra fundamental rights, the court must examine the larger public interest and balance the two conflicting rights. In this case, the private interest claimed by the petitioner did not surpass the public interest that would result from this infrastructural project of national importance.

Of the 508.17 kilometres of rail track planned for the Mumbai-Ahmedabad bullet train, about 21 kilometres will be underground, and one of the entry points for the underground tunnel falls on land owned by Godrej in Vikhroli. The state government and the NHSRCL had argued that the company was delaying the entire project, which is of public importance.

The court noted that the provisions of the Fair Compensation Act empower the government to carry out the acquisition proceedings to their conclusion. The court also rejected Godrej's argument that the compensation initially offered had been reduced from Rs 572 crore to Rs 264 crore when the final award was passed. The court stated that compensation derived from private negotiations is not final and binding if the negotiations fail, as was the case with Godrej & Boyce.

The authorities had informed the court that the acquisition process for the Mumbai-Ahmedabad bullet train project was complete except for the land owned by Godrej & Boyce in Vikhroli. The company and the government had been engaged in a legal dispute over the acquisition of the land for the bullet train project since 2019. The state government had already deposited the compensation amount awarded to the company in October 2022.

Despite Godrej & Boyce filing a petition challenging the compensation award, the court ruled that it had not found any illegality in the compensation or proceedings initiated by the authorities. The company had sought the court's intervention to direct the state government not to proceed with the award, but the court ruled that the company had not made a case for intervention and that no interference was required. The company had sought a two-week stay on the court's order so they could appeal in the Supreme Court, but the request was denied.

The Mumbai-Ahmedabad bullet train project has been deemed a project of national importance and of public interest, with the court ruling in favor of the government and the NHSRCL. The court rejected Godrej & Boyce's arguments and objections to the compensation offered for the acquisition of their land in Vikhroli, stating that the company had not made a case for intervention. The bullet train project is set to bring numerous benefits to the public and improve the infrastructure of the country.

Next (Mumbai ranks 7th in Asia Pacific for Real Estate Cross-border Investments)

Bombay HC dismisses Godrej & Boyce plea against land acquisition

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