Bombay High Court Strikes Down Forced Land Acquisition For Navi Mumbai Airport

Navi Mumbai Airport to Begin Domestic Flights in April, Third Airport Proposed Near Vadhvan Port

Navi Mumbai Airport to Begin Domestic Flights in April, Third Airport Proposed Near Vadhvan Port

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Mumbai: The Bombay High Court has ruled against the Maharashtra government and CIDCO for forcefully acquiring land for the Navi Mumbai International Airport under an arbitrary emergency clause. The court nullified a 2015 notification and a 2017 decision, stating that landowners’ rights were violated as the acquisition was done without hearing their side.

Farmers from Wahal village in Panvel had challenged the land acquisition in court, arguing that their land was taken under a unilateral emergency provision. The court, led by Justice Mahesh Sonak and Justice Jitendra Jain, ruled that the government and CIDCO failed to justify the emergency, making the acquisition illegal.

The ruling emphasized that public urgency must be clearly established before applying emergency provisions and that landowners have a fundamental right to be heard before their land is acquired. The court criticized the authorities for mishandling the process and referenced a Supreme Court ruling that upheld landowners’ rights.

Balwadkar

With this verdict, the forced acquisition of land for airport-related infrastructure, including a sewage treatment plant, has been struck down. The decision serves as a landmark ruling against arbitrary land seizures in Maharashtra.

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