Supreme Court Stays Gujarat High Court Order to Reclaim Land Given to Adani Ports

Reprieve for Adani Group as Supreme Court Pauses Land Reclamation Order

In a significant development, the Supreme Court has stayed a Gujarat High Court order that directed the Gujarat government to reclaim 108 hectares of grazing land allocated to Adani Ports and Special Economic Zone Ltd. (APSEZ) in Mundra , Gujarat.

The Supreme Court bench, comprising Justices B.R. Gavai and K.V. Viswanathan , issued the stay order after considering an appeal by senior lawyer Mukul Rohatgi , who represented the Adani entity. Rohatgi argued that the High Court had passed the order without giving the company a chance to be heard.

The Dispute over Grazing Land

The land allocation dispute dates back to 2005 when the Gujarat government allotted 231 acres of "gauchar" (cattle-grazing) land to APSEZ for the Mundra Port Special Economic Zone project. However, the residents of Navinal village in Kutch district only became aware of the allocation in 2010 when APSEZ began fencing the area.

The villagers challenged the land allocation through a public interest litigation (PIL), arguing that the decision left the village with only 45 acres of grazing land, which was insufficient. They claimed that the land was a communal resource and the allocation was illegal.

The High Court's Decision

In 2014, the Gujarat High Court initially disposed of the PIL after the state government assured that additional grazing land would be provided. However, when this did not happen, a contempt petition was filed against the government.

In April 2024, a division bench of the Gujarat High Court directed the Additional Chief Secretary of the Revenue Department to find a solution to the lack of grazing land for the residents of Navinal village.

On July 5, the Additional Chief Secretary informed the High Court that the state government had decided to reclaim nearly 108 hectares (266 acres) of the "gauchar" land previously allotted to APSEZ. The revenue department also stated that the state government plans to restore 129 hectares of land designated as "gauchar" back to the village, using both state-owned land and the 108 hectares reclaimed from the Adani group.

Supreme Court's Intervention

The Supreme Court's stay order came after Adani Ports appealed against the Gujarat government's decision to reclaim the land. The top court has sought a response from the Gujarat government and issued a notice in the matter.

Justice Gavai remarked, "He ( Mukul Rohatgi ) states that though the counsel for the petitioner was present before the High Court and attempted to make submissions, he was not heard by the High Court. Issue notice, and there shall we stay the impugned order."

The Supreme Court's decision provides a temporary reprieve to the Adani Group, as the legal battle over the land allocation continues.

Implications and Ongoing Developments

The Supreme Court's stay order on the Gujarat High Court's directive to reclaim the land from Adani Ports is a significant development in this long-standing dispute. The case highlights the complex issues surrounding land rights, environmental impact, and the balance between economic development and community interests.

As the legal proceedings continue, the outcome of this case will have far-reaching implications for land use and allocation policies in the region, as well as the broader debate on the role of large corporate entities in development projects and their impact on local communities.

The Supreme Court's decision to issue a notice and stay the High Court's order suggests that the court will closely examine the merits of the case and the due process followed in the land allocation decision. The involvement of the apex court in this matter underscores the importance and sensitivity of the issue.

Ultimately, the resolution of this dispute will have significant implications for the rights of local communities, the environmental sustainability of development projects, and the accountability of government and corporate entities in land-use decisions.