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Informist, Tuesday, Jan. 27, 2026

 

--SC sets aside HC order to take back land allotted to Adani Ports in Gujarat 

--CONTEXT:HC asked Adani Ports to return land to villagers for cattle grazing 

 

NEW DELHI – The Supreme Court Tuesday set aside a 2024 order of the Gujarat High Court asking authorities to implement the state government's decision to take back 108 hectares of grazing land from Adani Ports and Special Economic Zone Ltd. and return it to villagers for cattle grazing. The top court noted that Adani Ports was not heard by the state government and the high court while deciding against the company in the land case.

 

The bench of Justices J.K. Maheshwari and Atul S. Chandurkar asked the state government to consider the objections raised by Adani Ports on the issue and decide accordingly. After the state government passes the order, the high court will decide the issue in accordance with law, said the bench, adding that till then, the parties will have to maintain status quo on the land.  

 

Adani Ports said the high court's order, passed on Jul. 5, 2024, was in "blatant breach of natural justice". The company said the resumption order passed by the high court took away land lawfully and legally transferred to it and yet, it was not granted an opportunity to effectively present a case against this.

 

The villagers had benefited from compensation duly handed over to them nearly 19 years ago, Adani Ports said. It had paid compensation of INR 3.7 million along with a 30% premium of INR 1.1 million, it said, adding that the premium was paid in accordance with a government resolution in 1999. The premium may have been used by the state government to replenish the grazing land, Adani Ports said. 

 

Over nearly 20 years since 2005, when the land was first transferred to it, various activities have been undertaken on it, the company said. Substantial investments had also been made in the area under its corporate social responsibility, it said.

 

The petitioner said that about 14 acres of the land was already used to put up high-tension towers necessary for overhead transmission lines. The remaining land had already been mapped out for laying 50 high-tension towers which would be crucial for transmission of power for all special economic zone units. The company would suffer irreparable injury if the high court order was not stayed, said Adani Ports.

 

The case has its genesis in a public interest litigation filed in the Gujarat High Court by Fakir Mamad Suleman Sameja and other villagers of Navinal against the state government's decision to allot 231 hectares of 'gauchar', or grazing land, to Adani Ports in 2005 near the Mundra port in Kutch district. In 2010, the villagers came to know about the allocation when Adani Ports had already started fencing the grazing land it had secured.

 

The villagers had contested that they were left with just 45 acres of grazing land after the allotment. They said the move was illegal as the village was already facing a shortage of grazing land. The land, they said, was a common one and a community resource.

 

In 2014, the high court noted the submission of the state government that a deputy collector had passed an order granting an additional 387 hectares of government land for grazing. Accordingly, the court disposed of the case, and passed an order to measure the additional land and hand it over to the village panchayat.

 

However, the villagers filed a contempt petition in the high court in 2015, when the state government did not adhere to its submission. The same year, the state government filed a review petition seeking to recall the high court's 2014 order as they had less land available with them than what was stated earlier.

 

On Jul. 5, 2024, the state government told the high court it would take back 108 hectares of land from Adani Ports and return it to villagers for the purpose of grazing. The court directed the authorities to complete the resumption process of the grazing land.

 

At 1310 IST, shares of Adani Ports and Special Economic Zone were up 3.3% at INR 1,352.00 on the National Stock Exchange.  End

 

IST, or Indian Standard Time, is five-and-a-half hours ahead of GMT

 

Reported by Surya Tripathi

Edited by Tanima Banerjee

 

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