In a paged judgment of 361, the High Court of Gujarat has dismissed a batch of writ petitions filed by farmers challenging the acquisition of their land for the purpose of Mumbai – Ahmedabad High Speed Rail Project (Bullet Train)
A division bench of Justice Anant S Dave and Justice Biren Vaishnav turned down the challenge to the constitutional validity of Section 10A read with Section 2 (1) of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement [Gujarat Amendment] Act. , 2016.
The Court also held that the exemption granted by the amendment from the purview of Chapters II and III of the Central Act, 2013 regarding Social Impact Assessment and Food Safety is therefore legal and valid and cannot be said to be unconstitutional. Except for Chapters II and III of the Central Act, 2013, all the remaining provisions, particularly on the question of compensation, rehabilitation and resettlement, apply to acquisition, whereby the landlord will not be deprived in a fair, just and proper manner. First schedule It stated this along with the elements of rehabilitation and resettlement provided in the Second Schedule to the Central Act, 2013.
The bench said that Bullet Train is an infrastructural project as per section 10A (j) of the Project Act, 2016 and serves a public purpose. Dismissing the petition, the bench clarified that the decision would not affect future issues which could be about the adequacy of compensation.