The Supreme Court recently set aside a Gujarat High Court order directing recovery of 108 hectares of gauchar (grazing) land allotted to Adani Ports in Mundra. (Adani Ports and Special Economic Zone v. State of Gujarat.)
A Bench of Justices JK Maheshwari and Atul Chandurkar held that the decision to recover the grazing land as well as the High Court’s directions based on that decision, were passed without granting an opportunity of hearing to the affected allottee, rendering the process unsustainable.
“In this view of the matter, we are inclined to set aside the order of the High Court,” the Court observed, noting that the High Court’s directions flowed directly from the State’s resumption order dated July 4, 2024, which concerned village grazing land.
The Court directed the authorities to take a fresh decision on the matter.
A copy of the order is yet to be uploaded.
The Supreme Court also directed the State authorities to consider objections, if any, filed by Adani Ports within two weeks. It mandated that a reasonable opportunity of hearing be afforded to all concerned parties before a fresh decision is taken.
It clarified that the Gujarat High Court would be free to proceed independently with the pending public interest litigation petition regarding the allotment after the State authorities pass a fresh order.
The dispute dates back to 2005, when about 231 hectares of land classified as gauchar (grazing land) in Navinal village, was allotted to Mundra Ports, which was acquired by Adani.
In 2010–11 when fencing activity commenced on the land, residents of Navinal village approached the Gujarat High Court through a public interest litigation petition, contending that the allotment of village grazing land adversely affected livestock-dependent villagers.
In September 2014, the High Court disposed of the PIL after the State informed it that alternative government land would be provided for grazing purposes. However, when the proposed allotment of substitute grazing land did not materialise, the State moved a recall application in 2015, stating that post-measurement, it was unable to allot the promised gauchar land. The PIL was consequently restored.
On April 19, 2024, the Gujarat High Court directed senior revenue officials to identify a solution to the long-pending issue of grazing land deficit. Pursuant to this, the State authorities decided to recover 108 hectares (approximately 266 acres) of the grazing land earlier allotted to Adani Ports.
A resumption order dated July 4, 2024 was passed to that effect and on July 5, 2024, the High Court took note of the decision and directed further steps for recovery of the gauchar land.
Adani Ports challenged these directions before the Supreme Court, arguing that the resumption of grazing land and the High Court’s directions were issued without granting it an opportunity of hearing.
The Supreme Court had granted an interim stay on the High Court order on July 10, 2024.
On Thursday, the Court set aside the High Court order and directed that the matter be decided afresh by the State.
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