Bullet Train Project: Godrej & Boyce moves Bombay High Court against land acquisition proceedings

Godrej & Boyce Manufacturing Co. Ltd. has moved the Bombay High Court challenging an order of the Maharashtra government for acquisition of its land for the Mumbai-Ahmedabad Bullet Train Project..The plea 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.The company sought directions to the State government to stay the proceedings and not to take any steps towards the implementation of the award.The plea also sought leave from the Court to amend the petition of 2019 which had challenged the proceedings towards acquisition of land for the public project.A bench of Justices Nitin Jamdar and Sharmila Deshmukh granted the company two days time to carry out the necessary amendments and posted the matter for hearing on October 18..In the petition filed in 2019, Godrej & Boyce had challenged the amendment to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act after which the bullet train project had been exempted from social impact assessment carried out by experts.The High Court had, in 2019, refused to grant immediate stay on the acquisition proceedings.The company received multiple notifications in relation to the acquisition of land belonging to them for the purpose of the train project.In January 2020, the company received a notice declaring that the State had decided to seize their land and called upon all persons interested in the land to submit the nature of interest in the land. A hearing for this purpose was arranged in June 2020. The High Court directed Godrej to attend the hearing and granted them liberty to approach the Court if they are aggrieved by the order passed..Pursuant to the order, no further developments happened, according to the company. Since no decision had been taken within the statutory timeline, the Collector of Mumbai Suburban District exercised powers and granted an extension of 12 months.The company contended that the Collector had no powers to allow such extensions. Even if the Collector did have powers, the same had been exercised after the expiry of the statutory timeline, it was contended.In the meantime, the Deputy Collector (Land Acquisition) passed an order on September 15, 2022, more than 26 months after the last hearing took place in July 15, 2020.Due to the delay, the proceedings had lapsed, the company contended. It, therefore, sought for setting aside of the September 15 order.Meanwhile, the State of Maharashtra had moved an urgent application to permit them to deposit the compensation amount as awarded by the acquisition officer in court.Godrej objected to this move as well, pointing out that the State ought to have filed a proper application and not circumvent procedure..As an interim relief, the company prayed for an order restraining the acquisition officer from acting in furtherance of the award.