NEW DELHI: The Supreme Court on Thursday agreed to consider a plea against February 9 judgement of the Bombay High Court, which dismissed a petition filed by the Godrej and Boyce Manufacturing Co Ltd challenging the Maharashtra government's grant of Rs 264 crore in compensation for acquiring its land for the Mumbai-Ahmedabad Bullet train project.
A bench led by Chief Justice of India D Y Chandrachud fixed the matter for hearing on February 24 on an urgent mentioning made by the counsel on the behalf of the appellant company.
The Godrej Group had challenged the award and compensation of Rs 264 crore by the Deputy Collector on September 15, 2022, for acquiring 39,252 sq m (9.69 acres), saying that it was much less than the Rs 572 crore offered initially. It had filed the writ petition, also challenging the provisions of the law.
The High Court, however, described the bullet train project as "of national importance and public interest" and dismissed the petition.
A bench of Justices R D Dhanuka and Justice M M Sathaye said, "We do not find any illegality in the award or in the decision taken by the appropriate government in granting extension to make an
award by exercising powers under first proviso to Section 25 of the Fair Compensation Act."
"Be that as it may, the petitioner has not made out a case for exercising discretionary powers under Article 226 of the Constitution of India in this case," the bench had added.
Notably, the Mumbai-Ahmedabad High-Speed Rail (MAHSR) is the pet project of Prime Minister Narendra Modi.
The project, which passes through Gujarat, Dadra & Nagar Haveli, and Maharashtra, is being executed by the National High-Speed Rail Corporation Ltd (NHSRCL).
"The Bullet Train Project has been declared as Vital Infrastructure Project by Government of Maharashtra vide Gazette Notification dated 18th May, 2018. The length of this High Speed Rail Corridor is 508.17 km (approximately) and will have 12 stations. Out of the 508.17 kms, a portion of 348.03 is going to be in the State of Gujarat, 4.5 kms in Union Territory of Dadra & Nagar Haveli and 155.64 kms in the State of Maharashtra. The railway line would pass through Mumbai, Thane and Palghar districts in Maharashtra and the districts of Valsad, Navsari, Surat, Bharuch, Vadodara, Anand, Kheda, Ahmedabad in Gujarat and the Union Territory of Dadra Nagar Haveli. It is pointed out that 92% project length is elevated. There are many benefits of an elevated track. This will ensure no obstruction to natural flow of waters, traffic and movement of farmers. It would greatly improve the safety and security perception against external interference and also reduce land requirement in the project i.e. 17.5 m width against 36 m for conventional railway tracks," the bench pointed out.
The bench also accepted the submission by ASG Anil Singh that the said Bullet Train Project after completion will give the country its first High Speed Rail and first undersea tunnel, around 40 m deep. The Japanese Government has provided financial aid through JICA in the form of Official Development Assistance Loan (ODA) facility.
"We are inclined to accept the submission made by the ASG that the construction of tunnel of 13.2 meter diameter, largest diameter urban tunnel boring works ever undertaken in India. It shall be India’s first 7 Kms of undersea tunneling work and is expected to utilize maximum construction period i.e. 5.2 years amongst rest of the sections of the corridor," the bench said.
The court also noted the travel time between Mumbai and Ahmedabad will be reduced to 1 hour 58 minutes as against the current travel time of 6 hours 35 minutes (by train) and shall act as a catalyst for economic growth of cities it passes through. The said project will increase inter regional connectivity along the rail corridor and boost the development of satellite towns that host the Bullet Train stations such as Palghar Township Projects of MMRDA.
"The Bullet Train Project is expected to generate over 90,000 direct and indirect jobs and undertaking skill development and income restoration training for numerous project affected persons. More than 51,000 technicians, skilled and unskilled work force will be required for various construction related activities. We are inclined toa the submission that it is expected that this project will serve 92,000 passengers per day per direction by 2053 and the said project is highly instrumental in pushing the ‘Make In India’ initiative of the Government under which different trade agreements between various Japanese Organizations and NHSRCL, FICCL, CII, ASSOCHAM to bolster technology transfer and in house skilled force developments have been executed," it had said.
It also accepted the government's submission that estimated cost for this project is around 1.08 Lakh
Crores approximately and that so far an amount of more than Rs 32,000 Crores has been expended by NHSRCL towards implementation of the project. The land approximately admeasuring 430 hectors is required out of which as of November, 2022, 97% of the land is already acquired.
"The petitioner has not made out a case for us to exercise our extra-jurisdictional powers. It is the paramount collective interest that would prevail and not the private interest. The project would be the first of its kind," the bench noted, rejecting a plea by
Godrej Group led by senior advocate Navroz Seervai had sought a stay on the order for a period of two weeks to enable them to appeal in the Supreme Court. The HC, however, rejected this plea.
The ASG Singh had argued that the entire land acquisition in Gujarat was complete, and the work had started, while in Maharashtra, 3% of the acquisition process remained.
The HC also pointed out the Supreme Court in case of National High Speed Rail Corporation Limited case has considered the matter relating to the same Bullet Train Project and has held that it cannot be disputed that the Bullet Train Project is very important and national project.
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