SC sets aside Gujarat HC order on taking back grazing land from APSEZ

The apex court held that the order was passed without granting Adani an opportunity of hearing, either before the state authorities or the High Court

The Supreme Court on Tuesday set aside a Gujarat High Court order directing the state government to take back nearly 108 hectares of grazing land allotted to  Adani Ports and Special Economic Zone (APSEZ) in 2005 near Mundra port in the Kutch region.

 

The apex court held that the order was passed without granting APSEZ  an opportunity of hearing, either before the state authorities or the high court.

 

It directed the Gujarat government to examine the company’s objections within two weeks and allowed the high court to rehear the matter in accordance with law, while ordering all parties to maintain status quo on the land during the pendency of proceedings.

   

The top court had stayed the high court’s order in July 2024 after APSEZ argued that it had not been heard. The Supreme Court observed that the high court order required reconsideration in the interest of justice.

 

The matter arose from a public interest litigation filed by residents of Navinal village in Kutch district, challenging the allotment of 231 acres of ‘gauchar’ (grazing) land to APSEZ. The petitioners contended that the village was left with only 45 acres of grazing land after the allotment and argued that the land was a community resource and the allocation was illegal.

 

In April 2024, a division bench of the high court had directed the additional chief secretary of the Revenue Department to find a solution.

 

Subsequently, the Gujarat government informed the high court that it had decided to retrieve the grazing land from APSEZ and restore it for cattle grazing purposes.