Mumbai: The Bombay High Court on Friday dismissed petitions filed by Mumbai's leading land owners, Godrej & Boyce Manufacturing Company Limited, which challenged two orders of the state authority for land acquisition in a tussle over commensurate compensation for a 10-acre plot acquired for the Mumbai-Ahmedabad bullet train project.
The company claimed it was given an appallingly low compensation of Rs 264 crore and had applied for enhancement in compensation before the Land Acquisition Rehabilitation and Resettlement Authority (LARRA) under the provisions of the Right to Fair Compensation law.
First Petition: Delay in Filing Written Statement
In one petition, the company, represented by senior counsels Vineet Naik and Bachubhai Munim, challenged LARRA's order permitting the collectors to belatedly file a written statement. The HC division bench of Justices Manish Pitale and Shriram Shirsat, after hearing AGP Dhruti Kapadia for the state and Additional Solicitor General (ASG) Anil Singh for the National High Speed Rail Corporation Limited (NHSRCL), accepted the state's explanation for the delay. The state argued that it had not yet set up a mechanism for the Collector and Deputy Collector to be appropriately represented before LARRA.
Second Petition: Amendment of Written Statement
The second petition challenged the permission granted to NHSRCL to amend its written statement mid-hearing of the claimant/petitioner. The HC accepted ASG's contention that the Supreme Court has repeatedly laid down that a hyper-technical approach ought not to be adopted in such matters.
The HC stated, "All that (Godrej & Boyce) is now required to do is to contest the matter on merits and such a situation cannot be said to be prejudicial to it."
Background of the Land Acquisition
The land in question is located in Village Vikhroli, Mumbai, and was acquired by an award dated September 15, 2022. The company had earlier challenged the acquisition process in 2019, but on February 9, 2023, the HC dismissed its petition. The company then approached the Supreme Court, which on February 24, 2023, dismissed the special leave petition seeking permission to appeal. However, the apex court directed that the company's reference for enhancement of compensation be decided within six months once filed.
With the HC's dismissal of these petitions, the compensation dispute will now proceed on its merits before LARRA, allowing Godrej & Boyce to contest the adequacy of the compensation awarded.
