[Bullet train project] Godrej & Boyce has lion’s share in delaying land acquisition: Maharashtra to Bombay High Court

Opposition by Godrej & Boyce to the land acquisition proceedings for the Mumbai-Ahmedabad bullet train project was a major reason for delays in the project and the company should, therefore, not be permitted to milk its own wrong, the Maharashtra government told the Bombay High Court. .An affidavit to that effect was filed by State of Maharashtra opposing Godrej's petition challenging an order of State for acquisition of its land for the Mumbai Ahmedabad High Speed Rail Project.“It is evident that the company had a lion’s share in delaying the acquisition proceedings and therefore the petitioner cannot be permitted to milk his own wrong,” the affidavit added.The State affidavit, through Jagatsing Girase, holding additional charge of Deputy Collector (Land Acquisition), was filed in the petition of Godrej & Boyce challenging 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..The State justified the amendment pointing out that the same was a safeguard to ensure that no unscrupulous persons could milk the benefit of their own wrong.Proviso to Section 25 was rightly provided anticipating objections from persons interested or owners of lands, court proceedings initiated against acquisition any other unforeseeable circumstances, so that unscrupulous people cannot milk the benefit of their own wrong.The affidavit claimed that Godrej and Boyce left no stone unturned to create unnecessary hurdles and impediments at every stage of the acquisition proceedings to ensure that the acquisition proceedings lapse.“Godrej & Boyce has been continuously delaying the acquisition proceedings on one or other frivolous pretext which not only resulted in unnecessary and inordinate delay but the state exchequer had to spent additional crores of rupees as the cost of Project escalated by more than ₹1000 crores which has resulted in loss of crores of public monies,” the affidavit stated. .The State affidavit highlighted that the bullet train project had been declared as ‘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 acquisition of land..The amended petition of Godrej & Boyce challenged an award of compensation passed on September 15 by the Deputy Collector for acquiring the company's land after awarding compensation of ₹264 crores.The application by the company claimed that the entire proceedings for land acquisition had lapsed in 2020 and, hence, the award passed by the officer was void ab initio..However, the State affidavit pointed out that the notification initiating acquisition proceedings had been first published on January 21, 2020, hence the period of 12 months to pass an award was to end on January 20, 2021.However, the District Collector exercised powers and through a detailed order granted extension of period of 12 months and, thereafter, a second extension of 12 months was granted.Thus, the final award passed on September 15, 2022 was well within the extended time granted to the land acquisition officer, the affidavit contended.The State pointed out that the challenge to the amount of compensation paid to the company could be challenged before a competent authority and not through the present petition, and hence the present petition ought to be dismissed..During the hearing today, Advocate General Ashutosh Kumbhakoni informed the Court that since there is a title dispute on the property, the State had deposited the compensation amount with the competent authority yesterday.However, no notice of possession was sent to the company..The National High Speed Rail Corporation Limited (NHRCL) in its affidavit pointed out that the amended petition by Godrej was a desperate attempt to make undue gains by browbeating and/or causing hurdles in the acquisition, thereby, causing delay in the execution of a national project..A bench of Justices Nitin Jamdar and Sharmila Deshmukh listed the petition for directions and fixing a schedule for hearing on November 10.