The Bombay High Court has quashed the proceedings for acquiring agricultural land for the Navi Mumbai International Airport project due to procedural lapses under the Land Acquisition Act of 1894.

The Bombay High Court has quashed the proceedings for acquiring agricultural land for the Navi Mumbai International Airport project due to procedural lapses under the Land Acquisition Act of 1894.

A Bench of Justices MS Sonak and Jitendra Jain ruled in favor of 16 landowners from Vahal village, Panvel Taluka, Raigad district, emphasizing the importance of property rights under Article 300A of the Constitution. The Court noted that while property rights are no longer fundamental rights, they remain constitutional and human rights.

The acquisition process began with a notification under Section 4 on December 7, 2013, followed by a declaration under Section 6 on May 20, 2015. However, the Court found that authorities had failed to conduct the mandatory inquiry under Section 5A, which grants landowners the right to object before their land is acquired.

The petitioners argued that no urgency notification under Section 17 had been issued to bypass the inquiry, and they were denied a fair hearing. CIDCO contended that the petitioners had delayed their challenge and that the airport project was of public importance. However, the Court rejected CIDCO’s argument, stating that compliance with Section 5A was not a mere technicality but a legal necessity.

The Bench held that the absence of a valid urgency notification under Section 17 rendered the Section 6 declaration null and void. It also stressed that the right to be heard must be meaningful and not a mere formality.

Following the judgment, the State sought a stay, but the Court refused, stating that granting a stay would effectively nullify the interim relief granted to the petitioners.

Legal representation included Senior Advocate AV Anturkar with advocates Sachin S Punde and Kaustubh Patil for the petitioners, Additional Government Pleaders AI Patel and MS Bane for the State, Senior Advocate GS Hegde with advocate Pinky Bhansali for CIDCO, and Senior Advocate Atul Damle with advocate Sachin K Hande for the intervenor-allottees.

Author : Neha Mishra

Posted on : 05,Mar,2025

Quick Contact
Copyright ©2023 Lawvs.com | All Rights Reserved