The Bombay High Court on Thursday gave the Mumbai-Ahmedabad bullet train project a green light saying it is a "dream project of this country and of national importance and in public interest." The court also dismissed a petition filed by Godrej & Boyce Manufacturing Co Ltd, the Godrej group's flagship company, on acquisition of the land.
A division bench of Justices R D Dhanuka and M M Sathaye said the bullet train project was "one-of-its-kind" and that collective interest would prevail over private interest.
"In the facts of this case, the private interest claimed by the petitioner does not prevail over the public interest which would subserve infrastructural project of public importance which is a dream project of this country and first of its kind," the bench said, adding that a large number of public would be benefited from the project which contributes to the "betterment of the country."
The proposed high-speed rail project between Mumbai and Ahmedabad involves the construction of a total of 508.17 kilometers of rail track, with approximately 21 kilometers planned to be underground. One of the entry points for the underground tunnel is on Godrej-owned land in Vikhroli.
According to the state government and the NHSRCL, the company was delaying the entire bullet train project as the acquisition process of the entire line was complete except the Godrej-owned bit in Vikhroli.
Refuting these claims, the Godrej group, in its plea, challenged the acquisition proceedings initiated by the Maharashtra government and the National High Speed Rail Corporation Limited (NHSRCL) for this land in Vikhroli. It termed the land acquisition proceedings initiated by the state government as "unlawful" and claimed there were "multiple and patent illegalities" in the same.
The high court bench, however, quashed these claims and said there was no found illegality in the compensation or proceedings initiated by the authorities.
Senior counsel Navroz Seervai, appearing for Godrej, also sought the HC to stay its order for a period of two weeks so that they could approach the Supreme Court in appeal. The bench, however, refused.
The court also refused to accept Godrej's contention that the compensation was initially decided to be Rs 572 crore but was reduced to Rs 264 crore when the final award was passed.
"The compensation derived at the stage of private negotiation cannot be considered as final and binding since the said private negotiation had admittedly failed," HC said.
The legal dispute between the company and Maharashtra government has been ongoing since 2019. The government had already deposited Rs 264 crore as compensation to the company in October 2022.
The Godrej group previously approached the High Court, seeking an order directing the state government to halt the implementation of the award and the initiation of possession proceedings. The company argued that the award given by the government was "ex facie illegal and hence a nullity."
With agency inputs.
First Published: Feb 9, 2023 1:19 PM IST
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