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299. The Supreme Court in case of Shayara Bano (supra) has held that vires of a legislation may 7 2023 SCC OnLine Bom 341
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NC: 2023:KHC-K:8430 also be challenged on the ground of "manifest" arbitrariness under Article 14 of the Constitution of India. A party who challenges the constitutional validity on the ground of the arbitrariness, must specifically plead by giving cogent and sufficient reasons in support of such a contention. A perusal of the pleadings filed by the petitioner on the aspect of constitutional validity of the proviso to Section 25 of the Fair Compensation Act indicates that the petitioner has not pleaded the ground of "manifest" arbitrariness at all. In our view, no enactment can be struck down by just saying that it is merely arbitrary or unreasonable or irrational. Mr. Seervai, learned senior counsel for the petitioner did not dispute that the the Bullet Train Project is Infrastructural and Public Project of a national importance.

300. In our view in case of procedural difficulties, if any, in acquiring the writ property, it would at the most affect the quantum of compensation and not validity of acquisition. The petitioner would be compensated while considering the claim for enhancement under Section 64 of the said Fair Compensation Act. The irregularities, if any of this nature, in following second part of Section 25 of the said Fair Compensation Act would not vitiate the acquisition of the writ property.

301. In our view, the powers of the Court under Article 226 of the Constitution of India are discretionary and merely because there are certain alleged irregularities in the procedure required to be followed while acquiring the writ property, the Court cannot exercise discretionary power in view of the fact that the said Bullet Train Project being Infrastructural and Public Project of national importance. The Supreme Court in case of Ramniklal N. Bhutta (supra) relied upon by Mr. Kumbhakoni, learned senior counsel for the respondent nos. 1, 3, 4 and 5 has held that our country is now launched upon an ambitious programme of all-round economic advancement to make our economy competitive in the world market. We are anxious to attract Foreign Direct Investment to the maximum extent. We propose to compete with China economically. We wish to attain the pace of progress achieved by some of the Asian countries, referred to as "Asian Tigers", e.g., South Korea, Taiwan and Singapore.

304. During the course of his argument, learned ASG invited our attention to various averments and the

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NC: 2023:KHC-K:8430 documents from the detailed affidavit in reply filed by the respondent nos. 2 and 6 and also furnished various details of the Bullet Train Project undertaken by the Government, the features of the said project, the benefits of the said project to the large number of public, steps taken so far in furtherance of the said acquisition of the writ property. Learned ASG pointed out that the said Bullet Train Project is being carried out in collaboration with funding partner Japan International Corporation Agency (JICA) and the Social Impact Assessment has already been carried out by JICA. The objective of Social Impact Assessment as provided under Section 8(2) of the Fair Compensation Act, 2013 is to enable the appropriate Government to recommend such area of acquisition, which ensures- (i) minimum displacement of people, (ii) minimum disturbance to the infrastructure, ecology; and (iii) minimum adverse impact on the individuals affected.

308. Learned ASG submitted that the travel time between Mumbai and Ahmedabad will be reduced to 1 hour 58 minutes as against the current travel time of 6 hours 35 minutes (by train) and shall act as a catalyst for economic growth of cities it passes through. The said project will increase inter regional connectivity along the rail corridor and boost the development of satellite towns that host the Bullet Train stations such as Palghar Township Projects of MMRDA.

309. We are inclined to accept the submission made by the learned ASG that the said Bullet Train Project is expected to generate over 90,000 direct and indirect jobs and undertaking skill development and income restoration training for numerous project affected persons. More than 51,000 technicians, skilled and unskilled work force will be required for various construction related activities. We are inclined to accept the submission of the learned ASG that it is expected that this project will serve 92,000 passengers per day per direction by 2053 and the said project is highly instrumental in pushing the 'Make In India' initiative of the Government under which different trade agreements between various Japanese Organizations and NHSRCL, FICCL, CII, ASSOCHAM to bolster technology transfer and in house skilled force developments have been executed.