Akhil Bhartiya Grahak Panchayat has moved the Bombay High Court challenging the legality of Special Exclusive Zone (SEZ) Act on the ground that it empowers the government to acquire agricultural land for development of SEZs in the state.

The petitioner has argued that if fertile land were alloted to SEZs, the agriculturists would starve as they would not have land to cultivate.

The petition also challenged notification issued by the state government to acquire agricultural land.

It contended that the state was empowered to acquire land under SEZ Act as well as under Maharashtra Industrial Development Corporation (MIDC) Act for industrial purpose.

The petition challenged the decision of the state to acquire land under MIDC without following provisions of SEZ Act.

The petitioner argued that while acquiring property under MIDC Act the state did not disclose that the land was being acquired for SEZ.

The petition argued that in case of acquisition of land under MIDC the property was vested in the state while under SEZ Act the land was given to investors or developers and it did not go to government.

The petition challenged acquisition of agricultural land in Khed and Shirur talukas of Pune district in 2006 saying the land was earmarked as "No development Zone" in the plan sanctioned under Metropolitan Regional Town Planning Act.

Such property could not be given to Industrialists for SEZ without changing MRTP plan, the petition argued.

An amendment in the constitution provides that it is mandatory for the authorities to inform District Planning Committee if land was being acquired for SEZ. This was not being complied with, the petition said and added that without following this exercise, land cannot be acquired for SEZ.

The government officers cannot sanction SEZ bypassing this committee, the petition said.

Justice Ranjana Desai and Justice R V More adjourned the matter to October 15 for further hearing.