Mumbai, March 5: In a major setback for CIDCO and the Maharashtra government, the Bombay High Court has quashed a decade-old notification for acquiring agricultural land in Vahal village, Panvel, for the Navi Mumbai Project. The court directed the government to restart the acquisition process and compensate farmers under the revised 2013 law.
The City and Industrial Development Corporation (CIDCO) had planned the acquisition for Navi Mumbai airport rehabilitation and new city development. The government initially issued a notification under Section 4 of the Land Acquisition Act, followed by another under Section 6, bypassing hearings for direct land acquisition.
Farmers, represented by senior advocates Anil Anturkar and Sachin Punde, challenged the move. A division bench of Justice Mahesh Sonak and Justice Jitendra Jain ruled in their favor, stating that the government failed to justify the urgency of the acquisition.
Court’s Observation:
“The petitioners are farmers whose lands were acquired without following legal provisions. While the right to property is not a fundamental right, it remains a constitutional right. The Supreme Court has also recognized the right to property as a human right,” the High Court noted while striking down the government notification.
The verdict is a significant win for the affected farmers, ensuring they receive fair compensation under the updated legal framework.
