M/S. NTPC LIMITED, REPRESENTED BY ITS ADDITIONAL GENERAL MANAGER (HR.) Vs. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THE SECRETARY, REVENUE (B) DEPARTMENT AND THE DISTRICT COLLECTOR, ALAPPUZHA

JUDGEMENT

(1.) The petitioner is a company registered under the Companies Act, engaged in the generation of power. The petitioner is a 'Maharatna' company. According to the petitioner, there are only seven 'Maharatna' companies in India. In Kayamkulam, the company has set up a Combined Cycle Power Plant which uses Naphtha as fuel. The company has been generating power ever since Stage-I of the project was implemented. The plant was inaugurated by the then Prime Minister during 1999. An expansion of the facility was inaugurated in the year 2005 by the then Prime Minister of India who laid the foundation stone for Stage - II of the project. Liquefied Natural Gas ('LNG' for short) is proposed to be used as fuel during its second stage. According to the petitioner, for setting up a Thermal Power Plant at Kayamkulam, 108.02 hectares of land was acquired by the Government of Kerala from various private persons. The land value including the enhancement ordered by the Court has been disbursed to the majority of the land owners by the Government.

(2.) While so, according to the petitioner, on 13.06.2013, some officials of the Revenue Department/Village Offices came to the premises of the petitioner and started measuring and demarcating a portion of the property located at Chingoli Village, Karthikappilly Taluk, Alapuzha District. On enquiry, it was revealed that they were doing so on the basis of a Government order dated 31.05.2013, by which the Government had accorded sanction for the acquisition of 10.53.40 hectares out of the land that is in the possession of the petitioner. The purpose mentioned is, for the setting up of a Medical College at Haripad. The petitioner also learnt that the proposed Medical College was to be established on Public Private Partnership (PPP) basis. The Government order referred to is Exhibit P1.

(3.) According to the petitioner, Exhibit P1 was passed without hearing the petitioner. No consent was given by the petitioner for the surrender of any portion of the land in their possession to the Government. No sanction for any such purpose has been obtained from the Board of Directors of the Company. A project to lay a pipeline from Kochi to Kayamkulam for carrying the required LNG for commissioning Stage-II of the project is on the anvil. Once Stage-II is implemented, there would be no surplus land available with the petitioner, it is contended. Therefore, the petitioner challenges Exhibit P1.