The Supreme Court has granted relief to the Adani Group by staying the Gujarat High Court’s decision that allowed the Gujarat government to return 108 hectares of grazing land to villagers near Mundra port in Kutch district.
Supreme Court Decision
A bench of Justices B.R. Gavai and K.V. Viswanathan issued a stay on the High Court’s order after senior lawyer Mukul Rohatgi, representing the Adani entity, argued that the company was not given a chance to present its case. Justice Gavai noted that despite the presence of the petitioner’s counsel in the High Court, they were not heard.
Adani Ports and Special Economic Zone Ltd (APSEZ) challenged the Gujarat High Court’s July 5 order, which mandated the return of 108 hectares of grazing land to farmers.
Background of the Case
The case began 13 years ago when residents of Navinal village filed a public interest litigation against the Gujarat government’s decision to allocate 231 acres of grazing land to APSEZ. The Gujarat High Court ruled in favor of the villagers based on an affidavit from the Gujarat department of revenue’s additional chief secretary, which stated the state had decided to reclaim 108 hectares from APSEZ and restore 129 hectares of grazing land using a combination of government and reclaimed land.
This decision followed an April 2024 directive from a Gujarat High Court division bench that instructed the additional chief secretary to find a solution.
Villagers’ Concerns
The dispute dates back to 2005 when the state revenue department first allocated the land to APSEZ. Villagers only became aware of the allocation in 2010 when APSEZ began fencing the area. They argued that the allocation left them with only 45 acres of grazing land, which was insufficient, and that the allocation to APSEZ was illegal since the land was a communal resource.
In 2014, the Gujarat High Court disposed of the initial PIL after the state government assured additional grazing land would be provided. However, when this did not happen, a contempt petition was filed against the government. In 2015, the state government submitted a review petition to the Gujarat High Court, arguing that only 17 hectares of land were available for allocation to the panchayat.
The Supreme Court’s stay on the High Court’s order provides temporary relief to the Adani Group as the legal proceedings continue.
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