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Bombay High Court Strikes Down Land Acquisition for Navi Mumbai Airport Over Legal Violations

The Bombay High Court has nullified the land acquisition process for the upcoming Navi Mumbai Airport, citing procedural irregularities and non-compliance with legal provisions. This verdict comes in response to a petition filed by farmers from Vahal Village, Panvel, challenging a 2013 land acquisition notification issued by the state government. Court s Observations on Procedural Lapses On February 3, 2025, a bench comprising Justices MS Sonak and Jitendra Jain ruled that the City and Industrial Development Corporation (CIDCO) and the Maharashtra government failed to adhere to proper legal procedures in acquiring land for the airport. The Court identified significant flaws in the acquisition process, particularly regarding the omission of essential statutory steps. The ruling emphasized that the State authorities did not invoke Section 17 of the Land Acquisition Act, 1984, which allows the government to take possession of land for urgent public purposes. However, the government also failed to conduct the mandatory enquiry required under Section 5A, which grants landowners the right to raise objections within 30 days of the acquisition notification. While Section 17(4) permits bypassing Section 5A in emergency situations, the Court ruled that the State failed to demonstrate any urgency justifying this exemption. The bench stated that Section 17 should only be invoked in cases of extreme necessity, which was not applicable in this scenario. Government s Plea for Relief Rejected Government representatives requested the Court to consider an alternative relief measure rather than halting the land acquisition process, citing that the Navi Mumbai Airport is nearing completion. However, the bench dismissed the plea, reinforcing that the land legally belongs to the farmers of Vahal Village and no fresh directive is required to restore possession to them. Implications of the Ruling While such legal challenges can delay critical infrastructure projects, the Court emphasized that compliance with statutory provisions is essential to protect the rights of landowners and farmers. The verdict serves as a reminder for authorities to exercise legal caution when acquiring land to prevent unnecessary disputes and project interruptions.