Bombay HC Bhima Koregaon case - law insider

Swarna Shukla-

Published On: September 28, 2021 at 10:45 IST

The Bombay High Court lifts two years Stay on the 1,504 Km Western Dedicated Freight Corridor (WDFC) connecting Uttar Pradesh and Maharashtra.

The Project has been stalled for two years due to a Petition filed by Jiten Agro Land and Farm Pvt Ltd and its Directors, whose 2.5-Hectare land in Panvel was acquired for it.

A Division Bench of Chief Justice Dipankar Dutta and Justice Girish Kulkarni observed, “There is a need for balancing the competing interest of protecting one’s property from unlawful/wrongful acquisition and the need to acquire private property for a public purpose.”

In July 2011, the Government acquired part of the Petitioners’ land in Panvel under the provisions of the Railways Act, 1989, for the execution, maintenance, management and operation of WDFC. The Ministry of Environment and Forests (MoEF) granted clearance in 2014 and permitted cutting of some mangroves.

In 2015, the Project had to been rescheduled due to practical difficulties. The Government acquired an additional 0.8240 Hectares of the Petitioners’ land.

Jiten Agro filed a Petition challenging the notification and acquisition of its land. In 2019 hearing the Court restrained the Government from going ahead with the project till the decision in the Petition thereby stalling the project.

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