Mumbai In an affidavit filed in the Bombay high court, the state government has blamed Godrej & Boyce for the delay in acquisition of 39,252 square meter land in Vikhroli for the Mumbai–Ahmedabad high speed or the bullet train project.
The affidavit was filed in response to the petition filed by Godrej & Boyce, challenging the award (compensation) for acquisition of the company’s land at Vikhroli for the bullet train project.
It stated that the company was responsible for delaying the acquisition process and the delay had caused losses to the state exchequer amounting to more than ₹1000 crore and hence the company should not be permitted to reap the benefits by allowing further delay in the acquisition of the land.
The division bench of justice Nitin Jamdar and justice Sharmila Deshmukh was hearing the petition filed by Godrej & Boyce, which also challenged the amendment to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act that exempted the bullet train project from social impact assessment carried out by experts.
Senior advocate Navroz Seervai argued on behalf of the company that the exemption from the assessment would lead to reduction in the purpose for which various lands have been reserved, thus would have a direct bearing on the development of the region.
However, the state in its affidavit filed through Jagatsing Girase, who is holding additional charge of the Deputy Collector (Land Acquisition) submitted that the amendment was intended to ensure that no person with vested interests would reap the benefits of their own volition.
Referring to Section 25 of the Act, the affidavit stated that, a proviso was rightly brought in “anticipating objections from persons interested or owners of lands, court proceedings initiated against acquisition or any other unforeseeable circumstances, so that unscrupulous people cannot milk the benefit of their own wrong.”
The affidavit stressed on the fact that the bullet train project was declared as ‘vital infrastructure project’, however, though efforts were on to acquire the land, the company on pretext or the other, was delaying the acquisition procedure.
“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,” states the affidavit.
“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 further stated that the company’s grievance against the amount of compensation could be challenged before the competent authority and not through the present petition hence the same should be dismissed.
The National High Speed Rail Corporation Limited (NHRCL) also filed an affidavit stating that the petition by the company was “a desperate attempt to make undue gains by browbeating and/or causing hurdles in the acquisition, thereby, causing delay in the execution of the national project.”
Advocate general Ashutosh Kumbhakoni for the state informed the bench that since a title dispute of the Vikhroli property was pending, the state government had deposited the compensation amount of ₹264 crore with the competent authority on October 17, but the notice of possession was not yet sent to the company.
After hearing the submissions, the bench posted the petition for further hearing on November 10.