The Mumbai SEZ Ltd, promoted jointly by industrialist Mukesh Ambani and his
confidant Anand Jain, runs the risk of being scrapped after the Supreme
Court on Friday refused to stay the land acquisition process that otherwise
has to conclude by June 8.

A Bench headed by Justice B Sudarshan Reddy dismissed the plea of the firm
challenging the Bombay high court interim order that refused to stay the
process of land acquisition.

MSEZ, which was to come up in an area of 10,000 hectares at an investment of
Rs 40,000 crore (Rs 400 billion), had last month filed a writ petition
before the high court seeking a direction to the Raigad district
administration to speed up land acquisition initiated under the provisions
of the Land Acquisition Act, 1984.

Land acquisition for SEZs has to be completed within two years from the date
of approval. The Mumbai SEZ project was given clearance in June 2005 and it
has already been given two extensions and the latest deadline expires on
Monday.

A stay would have made the deadline redundant. The Supreme Court, however,
issued notice to the Maharashtra Government on another plea of MSEZ Ltd
seeking transfer of its petition pending before the Bombay high court.

The project ran into trouble after farmers in 22 villages opposed the land
acquisition process in a referendum initiated by the state government last
year, but the outcome was not legally binding.

Earlier senior counsel Shanti Bhushan, appearing for the MSEZ, sought the
stay on the land acquisition proceedings initiated by notifications under
Sections 4 and 6 on the grounds that if the acquisition is not completed by
June 8, the entire process would lapse under the Land Acquisition Act, 1894.

A stay would have made the deadline redundant.

Side by side, Mumbai SEZ Ltd and its authorised representative Dilipkumar
Vitthaldas Dherai also sought a direction to the state government to
expedite the land acquisition process for setting up the SEZ in Raigad.

Besides, the company sought a direction to the state government to make and
publish awards in respect of lands where consents have been given and sale
agreements have been entered into with landowners.

The Bombay high court on May 22 had asked the MSEZ to move the Supreme Court
for expediting land acquisition as various public interest petitions
pertaining to the issue were pending before the Apex court.

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