Mumbai-Ahmedabad bullet train project is of nat’l importance: HC

Mumbai: The Mumbai-Ahmedabad bullet train is a “dream project of this country and of national importance and in public interest”, the Bombay High Court said on Thursday dismissing a petition filed by Godrej & Boyce company challenging acquisition proceedings initiated by the Maharashtra government and the NHSRCL in Mumbai’s Vikhroli area for the project.

A division bench of Justices R D Dhanuka and M M Sathaye said the project was one-of-its-kind and collective interest would prevail over private interest.

The court said in cases of conflict on inter fundamental rights and intra fundamental rights, the court has to examine as to where lies the larger public interest while balancing the two conflicting rights.

“It is the paramount collective interest which would ultimately prevail. In the facts of this case, the private interest claimed by the petitioner does not prevail over the public interest which would subserve infrastructural project of public importance which is a dream project of this country and first of its kind,” it said.

“In our view the bullet train project is an infrastructural project of national importance, a large numbers of public would be benefited and would have saved other benefits for betterment of this country,” the court said.

Of the total 508.17 kilometres of rail track between Mumbai and Ahmedabad, about 21 km is planned to be underground. One of the entry points to the underground tunnel falls on the land in Vikhroli

(owned by Godrej).

The state government and National High Speed Rail Corporation Limited had claimed the company was delaying the entire project which was of public importance.

The bench, in its judgment, said the provisions of the Fair Compensation Act empowers the government to take the acquisition proceedings already initiated to its logical conclusion.

The court also refused to accept Godrej’s contention that the compensation was initially decided to be Rs 572 crore but was reduced to Rs 264 crore when the final award was passed.

“The compensation derived at the stage of private negotiation cannot be considered as final and binding since the said private negotiation had admittedly failed,” HC said.