The Bombay High Court has quashed the land acquisition for Navi Mumbai International Airport due to procedural lapses, emphasising the mandatory requirements of the Land Acquisition Act, 1894. A bench comprising Justice MS Sonak and Justice Jitendra Jain ruled in favor of 16 landowners, reaffirming property rights as a constitutional and human right.
The petitioners challenged the acquisition of their agricultural land in Raigad, arguing that the state and CIDCO failed to comply with Section 5A, which grants landowners the right to be heard before acquisition. The court found that no urgency notification under Section 17 was issued, making compliance with Section 5A mandatory. The failure to conduct an inquiry rendered the Section 6 declaration null and void.
CIDCO defended the acquisition, citing public interest and claiming that the petitioners had accepted rehabilitation. However, the court rejected this argument, clarifying that urgency provisions cannot be deemed invoked without formal notification. It also underscored the significance of a fair hearing in land acquisition cases.
The state’s request for a stay on the judgment was denied, ensuring immediate relief for the petitioners. Legal representatives included Senior Advocates AV Anturkar for the petitioners, GS Hegde for CIDCO, and AI Patel for the state. This ruling sets a precedent for upholding due process in land acquisitions.
