India
Why the Supreme Court has stayed the High Court order asking the Gujarat government to take back the land allotted to Adani and return it to the village | India News – Times of India
NEW DELHI: The High Council a stay was issued on Wednesday against a Gujarat High Court order directing the state government to complete the process of reclaiming about 108 hectares of grazing land allotted to a Adani Group subsidiary nearby Mundra harbour in 2005.
The court had on July 5 asked the government to return the land to a village in Kutch, nearly 19 years after it was allotted to Adani Port and Special Economic Zone Ltd (APSEZ).
“Issue notice. Stay the impugned order,” the bench comprising BR Gavai and KV Viswanathan said, adding that the order had to be stayed in the interest of justice.
“In view of the affidavit of the Additional Chief Secretary, Department of Finance, Gujarat State, we request the concerned authorities/officials to complete the resumption process in accordance with law,” the Gujarat High Court had said on July 5.
In June 2005, portions of grazing land from 16 villages, including Navinal village in Mundra taluka, Kutch, totalling 231 out of 276 hectares, were allotted to APSEZ by the state government.
The villagers of Navinal felt the consequences in 2010 when APSEZ began enclosing the land with fences. A year later, the villagers of Navinal, along with other Mundra villages, went to court, arguing that they were left with only 45 acres, which did not meet their livestock needs.
Following the villagers’ request, the state government promised to allocate 387 hectares of grazing land to Navinal in 2014. However, the promise was not fulfilled.
In 2015, the state government filed a petition in the Supreme Court, arguing that realistically only 17 hectares of land was available for allotment to the panchayat.
The state government later proposed to allot the remaining land, which is about seven kilometres away. However, villagers objected, claiming that it was impractical for their cattle to travel such a long distance.
On July 5, an affidavit was filed informing the court that the state government has chosen to reclaim about 108 hectares or 266 acres of grazing land earlier allotted to APSEZ.
The court had on July 5 asked the government to return the land to a village in Kutch, nearly 19 years after it was allotted to Adani Port and Special Economic Zone Ltd (APSEZ).
“Issue notice. Stay the impugned order,” the bench comprising BR Gavai and KV Viswanathan said, adding that the order had to be stayed in the interest of justice.
“In view of the affidavit of the Additional Chief Secretary, Department of Finance, Gujarat State, we request the concerned authorities/officials to complete the resumption process in accordance with law,” the Gujarat High Court had said on July 5.
In June 2005, portions of grazing land from 16 villages, including Navinal village in Mundra taluka, Kutch, totalling 231 out of 276 hectares, were allotted to APSEZ by the state government.
The villagers of Navinal felt the consequences in 2010 when APSEZ began enclosing the land with fences. A year later, the villagers of Navinal, along with other Mundra villages, went to court, arguing that they were left with only 45 acres, which did not meet their livestock needs.
Following the villagers’ request, the state government promised to allocate 387 hectares of grazing land to Navinal in 2014. However, the promise was not fulfilled.
In 2015, the state government filed a petition in the Supreme Court, arguing that realistically only 17 hectares of land was available for allotment to the panchayat.
The state government later proposed to allot the remaining land, which is about seven kilometres away. However, villagers objected, claiming that it was impractical for their cattle to travel such a long distance.
On July 5, an affidavit was filed informing the court that the state government has chosen to reclaim about 108 hectares or 266 acres of grazing land earlier allotted to APSEZ.
