The Maharashtra government has deposited Rs 264 crore with the Competent Authority for acquiring 10 hectares of land at Vikhroli owned by Godrej & Boyce for the Mumbai-Ahmedabad Bullet Train project while alleging that the one of the oldest business house has been delaying the acquisition process which has costing exchequer crores of rupees and escalating the project cost by more than Rs 1000 crore.
A division bench of Justice Nitin Jamdar and Sharmila Deshmukh was hearing an amended petition filed by Godrej challenging the compensation of Rs 264 crore awarded by the Deputy Collector (Land Acquisition) for its land contending that the acquisition proceedings lapsed since the last hearing in 2020. The compensation was awarded on September 15, 2022.
Advocate General Ashutosh Kumbhakoni and additional government pleader Jyoti Chavan informed the court that they have deposited the amount with the competent authority since the dispute regarding the title of the land ownership is pending in the HC.
The state also informed that it has not issued a possession notice to Godrej. The court has asked the government to give a “reasonable period” before issuing such a notice.
In an affidavit filed by DepuLy Collector (Land Acquisition) Jagatsing Girase, the government has said that the Godrej has a “lion’s share in delaying the acquisition proceedings” and therefore, it should not be permitted to “milk his own wrong”.
“I say that the Petitioner has been continuously delaying the Acquisition proceedings on one or other frivolous pretext which has not only resulted in unnecessary and inordinate delay but the state exchequer had to spend additional crores of rupees as the cost of Project escalated by more than Rs. 1000 Crores which has resulted in a loss of crores of public monies,” reads the affidavit.
Godrej had also challenged the amendment to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act which exempted the bullet train project from social impact assessment carried out by experts.
Justifying the amendment, the government said that it was a safeguard to ensure that no unscrupulous persons could milk the benefit of their own wrongs.
The government affidavit states that the bullet train project had been declared as a ‘Vital infrastructure Project’ by the State government.
However, a period of over one year was lost in attempting to arrive at an “amicable resolution” for the acquisition of land. “Petitioner (Godrej) had left no stone unturned to create unnecessary hurdles and impediments at every stage of the acquisition proceedings to ensure that the said acquisition proceedings lapse,” adds the affidavit.
Godrej had suggested an alternate site for acquisition, which the government agreed to follow which was an inspection conducted by the experts. This not only caused delay, but also the additional cost of over thousands of crores.
As far as Godrej’s contentions that the proceedings lapsed is concerned, the government said that the district collector exercised its power and granted two extensions. Thus, the final award passed on September 15, 2022, was well within the extended time granted to the land acquisition officer, the affidavit contended.
For challenge to the amount of compensation, the government has contended that the same could be challenged before a competent authority and not through the present petition.
The HC has kept the petition for directions on November 10.
