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Synopsis

A Division Bench of Justice Nitin Jamdar and Justice Sharmila Deshmukh of the Bombay High Court, on Tuesday, adjourned the petition filed by Godrej & Boyce, to hear the matter now on November 10. 

The bench has allowed the company to move the High Court, if any notice is issued to them by the government. This came after the state government informed the court, that so far the state has not issued notice to the company for the execution of the order. 

The Advocate General, appearing for the State informed the court that the amount for compensation has been deposited before the authority. A compensation of 264 crores was awarded by the acquisition officer in its order.

The State Government, on Tuesday, in its reply to the petition filed by Godrej & Boyce stated that the petitioner through some or the other way in frivolous manner is trying to delay the project which has cost the exchequer an extra 1000 crore. The affidavit also states that the project has been declared a "Vital Infrastructure Project" 

The State Government in its affidavit also stated the challenge to the order passed by the acquisition officer can be made before a competent authority and the petitioner cannot approach the court through this writ petition. 

The affidavit stated that apart from other delaying tactics the petitioner had also opposed the videography and photography of the site as required by the Divisional Commissioner Kokan Region. 

"Thus from the instances narrated hereinabove, it is evident that the Petitioner had a lion’s share in delaying the acquisition proceedings and therefore the Petitioner cannot be permitted to milk his own wrong"

Godrej & Boyce had filed a petition against the order of the State Government to acquire land and awarded compensation for the Mumbai Ahmedabad High-Speed Rail Project. 

In the writ petition filed by Godrej & Boyce, it was stated that the proceedings for land acquisition had lapsed in 2020 itself and therefore the award passed is void ab initio. The company had prayed before the High Court to direct the government to not execute the award passed earlier. 

The company filed the petition in 2019 challenging the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013. The company was issued notice by the authorities for a hearing of the persons interested in the land but no order was passed and the Collector of Mumbai Suburban District extended the time period of the proceedings by 12 months. 

After 16 months the acquisition officer had passed an order, on 15 September 2022. The company has claimed that the order should be set aside on the ground that the proceedings has lapsed, and the order passed is void ab initio.

Case Title: Godrej & Boyce vs State of Maharashtra & Ors.