The Gujarat high court has quashed the acquisition
process for 155 land parcels which were acquired by the state government for
the development of the Poshitra Port area. The plan for the development
of this project has been shelved by Gujarat Maritime Board (GMB) and the state
because the project has not secured due environment clearance.
After GMB planned the project in 1997, the state government issued a notification in 1999 for the acquisition of land in the vicinity of the proposed port for development. The award for the acquisition was decided in 2001, but it was declared after much delay, in 2008.
As soon as compensation was declared, 100 farmers moved the high court saying that the process should be quashed because of the delay. Fifty-five other farmers joined the litigation later. The HC, however, rejected their petition in 2010 saying that they raised objections after the declaration of the award.
The petitioners moved the Supreme Court, which granted permission to file a review petition in the HC against its order. Accordingly, the petition was filed through advocate P M Bhatt. The bench of Justice D H Waghela and Justice Z K Saiyed recalled the earlier order and quashed the acquisition in 155 cases. There are 409 land parcels that were sought to be acquired by the government.
The high court set aside the land acquisition process with the observation that the government offered compensation after more than seven years of the issuance of the first notification under section 4 of the Land Acquisition Act.
The notices under section 12 were issued after adelay and compensation has admittedly not been paid or deposited in accordance with the provisions of section 31 of the Act. Of the 155 petitioners, fifteen farmers had accepted the amount of award.
After GMB planned the project in 1997, the state government issued a notification in 1999 for the acquisition of land in the vicinity of the proposed port for development. The award for the acquisition was decided in 2001, but it was declared after much delay, in 2008.
As soon as compensation was declared, 100 farmers moved the high court saying that the process should be quashed because of the delay. Fifty-five other farmers joined the litigation later. The HC, however, rejected their petition in 2010 saying that they raised objections after the declaration of the award.
The petitioners moved the Supreme Court, which granted permission to file a review petition in the HC against its order. Accordingly, the petition was filed through advocate P M Bhatt. The bench of Justice D H Waghela and Justice Z K Saiyed recalled the earlier order and quashed the acquisition in 155 cases. There are 409 land parcels that were sought to be acquired by the government.
The high court set aside the land acquisition process with the observation that the government offered compensation after more than seven years of the issuance of the first notification under section 4 of the Land Acquisition Act.
The notices under section 12 were issued after adelay and compensation has admittedly not been paid or deposited in accordance with the provisions of section 31 of the Act. Of the 155 petitioners, fifteen farmers had accepted the amount of award.
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