The direction came from the division bench of chief justice R Subhash Reddy and justice VM Pancholi during the hearing of around 30 new petitions by farmers
In what could make the journey of bullet train difficult in India, the Gujarat High Court on Thursday directed the union and the state government along with National High-Speed Rail Corporation Limited (NHSRCL) to file their response to the petitions filed by farmers opposing the land acquisition for the project.
The direction came from the division bench of chief justice R Subhash Reddy and justice VM Pancholi during the hearing of around 30 new petitions by farmers from Bharuch, Valsad, Navsari, and Surat, challenging the land acquisition process initiated by the Gujarat government.
While the fresh petitions have been adjourned to November 22 for further hearing, the court also took up the five-old petitions filed by protesting farmers for hearing and provided last chance to the authorities to file their response in the matter. While rumours were rife that some of the old-petitions are going to be withdrawn, nothing of that sort happened on Thursday. In fact, the court directed the respondent-authorities to file their response within October 12 so that the matters could be taken up for final hearing.
Notably, the farmers have contended through their petitions that since the bullet train project between Ahmedabad and Mumbai involves Maharashtra, Gujarat, and the Union Territory of Dadra and Nagar Haveli, the appropriate authority to initiate the land acquisition proceedings is the union government and not state. The farmers have also contended that the initiation of land acquisition process without revising and updating the market value of land in question as mandated under the Land Acquisition Act, 2013, is illegal and unconstitutional.
Similarly, the petitioners have contended that jantri rates, which are used to determine the market rate of land, have not been revised in Gujarat since 2011 and it is obligatory for the state government to revise the same till 2018 before initiating the land acquisition process. Also, it is their contention that several sections of the Gujarat Amendment Act is in contravention to the Land Acquisition Act, 2013, and defeats the latter's purpose. The farmers have also contended that the Gujarat Amendment Act also violates the Guidelines for Confirmation of Environmental and Social Considerations issued by the Japan International Cooperation Agency.
Notably, JICA is extending a soft loan of Rs 88,000 crore to the Indian government to execute the bullet train project. The project was launched by Prime Minister Narendra Modi and his Japanese counterpart Shinzo Abe in September last year. The bullet train is supposed to have 12 stations across the 500-km stretch. Around 1,400 hectares of land will be acquired in Gujarat and Maharashtra out of which 1,120 hectares are privately-owned.
A STONE IN THE SHOE
- 500-km – PM Narendra Modi and his Japanese counterpart Shinzo Abe launched work on the project in last September
- 12 – stations to be built in the stretch
- 1,400 – hectares will be acquired in Gujarat and Maharashtra
- 1,120 – hectares of the land is privately-owned.
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