Bombay High Court: Maharashtra Govt. says Godrej & Boyce has no fundamental right to the disputed land

Bombay High Court: Maharashtra Govt. says Godrej & Boyce has no fundamental right to the disputed land

On December 13, the Maharashtra government informed the Bombay High Court that there had been no violation of Godrej & Boyce's fundamental rights, and thus the writ petition challenging the acquisition of land for the Mumbai-Ahmedabad High Speed Rail Project should be dismissed. A Division Bench of Justices RD Dhanuka and MM Sathaye was hearing a petition by Godrej & Boyce challenging a Maharashtra government order awarding 264 crore in exchange for acquiring land owned by the company.

The Petition argued that because the entire land acquisition process had expired in 2020, the officer's award was void from the start. The company had also questioned an amendment to the 2013 Act that exempted the bullet train project from expert social impact assessment. The Attorney General, on the other hand, contended that the mere possibility of abuse of process provided in a section could not be challenged as unconstitutional.

“The action arising out of such section can be challenged, but the section on its own, raising an apprehension cannot be challenged,” the AG stated.

According to Advocate General Ashutosh Kumbhakoni, the State filed a suit claiming title to the land, which Godrej & Boyce denied.
Nonetheless, the State offered to pay compensation, adding that if the title to the land is determined to be in its favour, it will seek a refund of the compensation paid.

Assuming the land belonged to the State, Kumbhakoni contended that the company could not possibly be harmed given the land's barrenness and unevenness. He also stated that there was no violation of fundamental rights in this case, as claimed by the company in its Petition. In light of this, the AG argued that the company lacked a proper grievance that warranted the Court's intervention, and he asked for the Petition to be dismissed.

 

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