Protracted Acquisition Proceedings By Maharashtra Govt To Blame For Delay In Bullet Train Project: Godrej & Boyce To Bombay High Court

The company, Mumbai's largest private landowner, claimed that the government and National High Speed Rail Corporation Ltd (NHSRCL)'s responses to its petition challenging the September 15, 2022 land acquisition are a "desperate attempt to paper over the multiple, patent illegalities in the land acquisition proceedings."

Godrej claimed that the Rs 264 crores being offered to it is a fraction of the initial offering of over Rs. 572 crores.

"Respondent Nos. 2 -6 have sought to contend that the grant of interim relief to the Petitioners would '...seriously jeopardize the National Interest as the construction of the Bullet Train Project would get further protracted'. The Respondents' own delay in concluding the acquisition proceedings in respect of the Subject Plot ... and its recourse to multiple significant extensions of time for acquisition belie its own case for urgency."

Godrej and the government have been at loggerheads over acquisition of the company-owned land in suburban Vikhroli for the bullet train project since 2019. Of the total 508.17 kilometres of rail track between Mumbai and Ahmedabad, 21 km is planned to be underground. One of the entry points to the underground tunnel falls on the land at Vikhroli (owned by Godrej).

On Thursday, the case came up for hearing before a division bench of Justices Nitin Jamdar and Sharmila Deshmukh. The court adjourned it to November 21.

The company had in its petition filed in October sought that the HC direct the state government to not proceed towards the award passed and initiation of possession proceedings.

According to Godrej, the authorities have failed to fulfil the mandatory statutory requirements of the Fair Compensation Act. Godrej has challenged the constitutional validity of a proviso to section 25 of the Fair Compensation Act which permits state to grant extensions for issuance of the award.

The company claims that instead of dealing with this challenge the government has treated it as an academic exercise.

The company said that the Union failed to produce the material placed before the President of India for his assent in terms of Article 254(1) of the Constitution of India. They have to produce this document only at a belated stage, the company added.

The rejoinder called the state's conduct in the acquisition as "dishonest and malafide." It highlighted that the notifications for the extension, since January 2021, had made no reference to any action necessitating it, or hurdles caused by Godrej.

"It is a corporation that has historically acted fairly, reasonably, with responsibility, and has consistently extended its full co-operation to relevant government authorities in respect of land acquisition proceedings," the rejoinder read adding, "In fact, on and from October, 1961 till date the Petitioner (Godrej & Boyce) has faced eight acquisition proceedings pursuant to which in excess of 500 acres of lands at Vikhroli have been acquired."