Supreme Court Sets Aside Gujarat High Court Order For Recovery Of 108 Hectares Gauchar Land Allotted To Adani Ports For SEZ

The Supreme Court recently set aside a Gujarat High Court order directing the state to take back 108-22-35 hectares of land in Kachchh that had been allotted to Adani Ports for the purpose of development of a Special Economic Zone.A bench of Justice JK Maheshwari and Justice Atul Chandurkar remanded the matter back to the Gujarat High Court for fresh consideration.The proceedings arose from a PIL filed in 2011 challenging the allotment of lands which had earlier been allocated to Gram Panchayats for gauchar in the villages of Goyarsama, Navinal and Luni in Kutch to Adani Ports for development of a Special Economic Zone. The grievance raised was that the Panchayats had limited gauchar land and further reduction would affect residents in a scarcity-hit region. On September 24, 2014, the High Court had noted that during the pendency of the petitions, the Government had taken steps to mitigate the situation. In the case of village Navinal, the Deputy Collector, Kutch had granted an additional 387 hectares and 80 Are of Government land for gauchar. Similar steps were taken for village Luni and the HC directed that similar steps be taken for Goyarsama.The High Court had disposed of the PIL directing the District Inspector of Land Records (DILR) to carry out measurement of the gauchar land allotted to Navinal and Luni and and hand over possession within specified timelines.However, at the state's request, the High Court later recalled the disposal order issuing direction to the DILR to carry out measurement of the gauchar land and complete the process.On April 19, 2024, the High Court noted that there was no clarity as to how the State would replenish the shortfall in gauchar land of village Navinal which had been allotted for Mundra Port/SEZ in 2005. The Court noted that 276.05 acres of gauchar land had been allocated for Mundra Port and SEZ under the order dated July 15, 2005 of the Collector, Kutch-Bhuj. It further noted that as per the State's affidavit, considering the animal population, the total gauchar land required was 320 acres, that is 129-50-08 hectares, whereas the available land in Navinal was only 17-42-14 hectares. The state's affidavit also stated that Adani Ports had assured return of 38-48-85 hectares, but even that along with the available land would not meet the requirement. Subsequently, on July 04, 2024, the state issued a resolution sanctioning resumption of 108 hectares of land in Navinal from Adani Ports. The High Court in the impugned order directed the authorities to complete this process in accordance with law. Adani Ports filed the present appeal against this order of the High CourtThe Supreme Court has now set aside the July 05, 2024 order directing completion of the resumption process.Case no. – C.A. No. 536 / 2026Case Title – Adani Ports and Special Economic Zone Ltd. v. State of Gujarat & Ors.Click Here To Read/Download Order

Supreme Court Sets Aside Gujarat High Court Order For Recovery Of 108 Hectares Gauchar Land Allotted To Adani Ports For SEZ

Amisha Shrivastava

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