Bullet train project: Prez's nod to Guj land acquisition amendment questioned

A group of farmers, who had moved the Gujarat High Court against acquisition of their land for the Ahmedabad-Mumbai Bullet train project, today amended their plea, questioning the presidential assent for the state amendment to the central Land Acquisition Act.

Four of the five Surat farmers, who have challenged acquisition of their land for the project, amended their petitions today with the court's permission.

A division bench of Chief Justice R Subhash Reddy and Justice V M Pancholi slated the matter for next hearing on July 6 after granting permission to the farmers to amend their pleas.

In their amended petition, the farmers averred that the Gujarat Amendment Act, 2016 is completely at cross purposes with the Centre's Land Acquisition Act, 2013.

 

"The state amendment to the law is contrary to the very objects of the central law, and it "should never have been assented to by the President of India," the pleas said.

The pleas amended by the petitioners' counsel, Anand Yagnik said the state amendment "does not indicate that it was reserved for consideration by the President of India."

It almost repealed the Central act, as it knocked down "four basic pillars" of the 2013 Land Acquisition Act which favours the farmers and acts as a safeguard, he said.

Documents should prove that the President applied his mind in giving his assent, the lawyer said, arguing that the Supreme Court in 2008 had set aside an amendment on a similar ground.

The draft amendment was moved today after one of the petitioners, Jigar Patel, raised the issue of validity of the state's amendment to the 2013 act.

Through the amendment of the acquisition act, the Gujarat government provided that social impact assessment will not be necessary for a project of public interest.

The Bullet train project has been put in the category of 'public interest', and the state government is therefore not required to carry out any impact assessment, or to take consent of the affected land owners, the petition claimed.

Prime Minister Narendra Modi and his Japanese counterpart Shinzo Abe launched the ambitious Rs 1.10 lakh crore high-speed rail project in September 2017. It is expected to be fully operational by 2023.