CAV JUDGMENT

(PER : HONOURABLE MR. JUSTICE ANANT S. DAVE  & HONOURABLE MR. JUSTICE BIREN VAISHNAV)

The respondent National High Speed Railway Corporation Limited (NHSRCL), a Special Purpose Vehicle formed by the Ministry of Railways has undertaken construction and implementation of the Mumbai – Ahmedabad High Speed Rail Project (Bullet Train) which is expected to cover 508 kms between Mumbai and Ahmedabad. The petitioners before us are agriculturists who have challenged the acquisition of their lands for the aforesaid project.

The petitioners have inter alia challenged the validity of Section 10A of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement [Gujarat Amendment] Act, 2016 enacted by the Legislature of the State, inter alia, providing for exemption from Chapter-II and Chapter-III of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Apart from the aforesaid challenge to the legality and validity of the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement [Gujarat Amendment] Act, 2016, the petitioners have als