Published 19:02 IST, September 19th 2019
Bullet train: Gujarat HC junks over 120 pleas against land acquisition
The Gujarat High Court dismissed over 120 petitions filed by farmers challenging the process of their land acquisition for Ahmedabad-Mumbai Bullet train project
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Gujarat High Court on Thursday dismissed over 120 petitions filed by farmers challenging process of ir land acquisition for ambitious Ahmedab-Mumbai Bullet train project. However, in a partial relief to petitioners, a division bench of justices A S Dave and Biren Vaishnav said issue of higher compensation is still "open" and farmers can approach authorities concerned to seek more money against ir land.
court's order
court said while seeking more money, farmers could cite past examples where higher compensation was offered by National Highway Authority of India or any or such entity for acquiring land. In its order on Thursday, bench upheld validity of Land Acquisition Act amended by Gujarat government in 2016 and subsequently approved by president. petitioners h challenged state amendment which tweaked central law of 2013.
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court turned down farmers' claim that Gujarat government did t have powers to issue a tification for land acquisition since project was divided between two states -- Gujarat and Maharashtra. court was also of opinion that powers conferred to bureaucracy under state Act to give a 'go-by' to social impact assessment as well as rehabilitation and resettlement, if needed, do t fall into category of 'excessive delegation', as contended by agitating farmers.
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Furr, court held that issuance of a tification declaring commencement of land acquisition without undertaking social impact assessment is also valid. bench also stated that entire process of calculating compensation was fair. court was satisfied with social and environmental impact assessment carried out by a private ncy engd by National High-Speed Rail Corporation Limited, as per guidelines of Japan International Cooperation ncy (JICA), which is funding mega project.
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Farmers' petitions
After setback, petitioners' counsel, Anand Yagnik, said farmers who mostly belong to south Gujarat would approach Supreme Court against order. se farmers, through ir petitions, claimed that process of land acquisition could t be started before revising prices of ir land, as mandated under Land Acquisition Act, 2013. y claimed that compensation was being offered to m on market rates decided way back in 2011.
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Citing Section 26 of Land Acquisition Act, y demanded that before calculating compensation, state government must first revise market rates of ir land and give compensation on those rates, and t of 2011. petitioners also challenged Gujarat Amendment Act, 2016 which tweaked 2013 law. ambitious bullet train project was launched by Prime Minister Narendra Modi and his Japanese counterpart Shinzo Abe in September 2017. bullet train will run at a speed of 320-350 kmph, and have 12 stations across its 508-km stretch.
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18:44 IST, September 19th 2019