VISA POWER LIMITED Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ application the petitioners assail the propriety of the notice dated 10.12.2010 (Annexure -7) issued by the Tahasildar, Athagarh (opposite party no.4) and initiation of O.L.R. Ceiling Case No.1 of 2010 with regard to purchase of land more than 10 standard acres and non -filing of return.

(2.) THE petitioners company which is a private limited company registered under the Companies Act, 1956 with the principal objective to set up a thermal power plant of about 1000 MW capacity signed a Memorandum of Understanding with the Government of Orissa in Energy Department on 26.9.2006, backed by one supplemental Memorandum of Understanding signed on 15.12.2009. For setting up such power plant and associated infrastructures and disposal of ash etc. 1100 acres of land was required. As per the terms of the Memorandum of Understanding the land for the project was to be acquired by the Government through Orissa Industrial Infrastructure Development Corporation (IDCO), opposite party no.5 and leased out to the petitioner no.1 Company. Accordingly, the petitioner no.1 Company issued a requisition for acquisition of land to IDCO through Industrial Promotion and Investment Corporation of Orissa Limited (IPICOL). On receipt of such requisition, the opposite party no.5 submitted proposals for acquisition of 1088.345 acres of land comprising 3 villages, namely Brahmanbasta, Bamanpur and Kalankipur under Athagarh Tahsil of Cuttack district. Out of the total land to be acquired 305.620 acres were Government land and the rest 783.125 acres were private land. In respect of acquisition of 447.526 acres of land in village Bamanpur, Kalankipur and Brahmanbasta notification under Section 4(1) of the Land Acquisition Act was published on 13.5.2010 and another notification was also issued by the Government under Section 4(1) of the Land Acquisition Act on 9.6.2010 vide Annexure -4 series. The Government formulated the Resettlement and Rehabilitation Policy, 2006 and as per the guidelines of the said policy for establishment of industry the entrepreneurs are to purchase the land from private parties and accordingly the petitioner no.1 Company requested IDCO for purchasing the identified private land through private negotiation. It is the case of the petitioner no.1 that to hasten up establishing the project the Company with all bonafide purchased about 60 acres of private land out of the area notified under Section 4(1) of the Land Acquisition Act. Such private land purchased through private negotiation by petitioner no.1 Company is detailed under Annexure -5. Furthermore, the petitioner no.1 Company in an application to opposite party no.5 sought for permission under Section 73(c) of the Orissa Land Reforms Act and opposite party no.5 on 23.8.2010 recommended the said proposal to the Government of Orissa in the Department of Revenue and Disaster Management i.e. opposite party no.1 which is pending for consideration. The copy of the letter dated 23.8.2010 of IDCO to opposite party no.1 is annexed to the writ petition as Annexure -6.

(3.) THE opposite party nos. 2 to 4 have filed their counter affidavit wherein while admitting the petitioners case about the setting up the power project, it is their stand that the Government of Orissa issued notification under Section 4(1) of the Land Acquisition Act for acquisition of private land for the public purpose i.e. for setting up of an industry consisting of an area of 204.538 acres of land in Mouza Brahmanbasta under Athagarh Tahsil in the district of Cuttack. Similarly, the Government of Orissa issued notification under Section 4(1) of the Land Acquisition Act for acquiring 172.69 acres of land in Mouza Bamanpur. It is also admitted by the opposite party nos.2 to 4 that the petitioner no.1 Company purchased some of the land from private individuals as per notification under the Land Acquisition Act vide Annexure -4 series. But since there has been no notification issued under Section 73 (c) of the Orissa Land Reforms Act, no illegality has been committed by the opposite party no.4 in issuing notice under Annexure -7 asking the petitioner company to submit return in view of the provisions contained under Section 37 of the Orissa Land Reforms Act. Accordingly, it is prayed that the writ petition being devoid of merit is liable to be dismissed.