JITENDRA ROUT Vs. STATE OF ODISHA

JUDGEMENT

(1.) PETITIONERS , claiming to be the inhabitants of village Khamara Nuagaon have filed this writ petition by way of Public Interest Litigation seeking to quash the order of the Collector-opp. Party No.3 dated 15.03.2011 under Annexure-5 de-reserving the lands measuring Ac.53.90 dec. under Khata No. 231 corresponding to plot No. 64 (part) in Mouza Khamara Nuagaon and subsequent order of sanction dated 18.03.2011 under Annexure-6 in favour of O.P. No.6-IDCO for industrial purpose; and further sought for declaration that the allotment of the said land by the O.P. No.6 in favour of O.P. No.7-Company vide letter dated 08.08.2011 under Annexure-8 is illegal.

(2.) BRIEFLY , the case of the petitioners is that the O.P. No.7-Ultra Tech Cement Ltd. signed an MOU with the State Government, namely, opposite party No.1 on 10.11.2006 for establishment of 1.5 MTPA Split Cement Grinding Unit at Khamara Nuagaon and Kolathapangi under Athagarh Tahasil in the district of Cuttack with project cost of Rs.300 Crores. The Industrial Promotion and Investment Corporation of Orissa Ltd. (IPICOL) vide letter dated 09.06.2010 recommended IDCO-O.P. No.6 that Ac.90.00 of land at the said villages may be alienated in favour of O.P. No.7 for establishment of the 1.5 MTPA Split cement grinding unit. Pursuant to said recommendation, O.P. No.6-IDCO made requisition for alienation of government land measuring Ac. 53.90 in village Khamara Nuagaon vide letter No. 17613 dated 26.08.2010 for the purpose of establishment of the said industry. Thereafter, O.P. No.4 initiated a de-reservation case vide Lease Misc. Case No. 5/2010 under the provisions of Orissa Government Land Settlement Act, 1962 (in short "the OGLS Act") to de-reserve the said land and invited public objections by issuing proclamation. According to the petitioners, they along with some other co-villagers filed their written objection stating that cattle and livestock used to graze in the said Gochar land, the said land is also used by the villagers for organizing various social functions, the youth and the children of the village are also using the said land as play ground, and further setting up of the said industry will lead to environmental problems. On 08.12.2010 personal hearing as well as spot inspection was conducted by the Tahasildar, Athagarh-O.P. No.4 and after completion of the necessary formalities, the O.P. No.4 overruling the objections, vide letter dated 18.12.2010 recommended the O.P. No.3 that the subject land be de-reserved. The Collector-O.P. No.3 by order dated 15.03.2011 accepted the recommendation of the Tahasildar and directed for de-reservation of the said land in exercise of power under Section 3-A of the OGLS Act read with Rule 4 of the OGLS Rules, 1983 and sanctioned release of the said land in favour of IDCO and thereafter sanction order was issued on 18.03.2011 under Annexure-6. According to the petitioners, during pendency of the Lease Misc. Case No. 5/2010, they along with their co- villagers approached the O.P. No.2 by way of a representation dated 10.11.2010 stating that their case was not heard in proper manner and their objections were not appreciated properly. On receipt of the said representation, the O.P. No.2 directed the Collector, Cuttack-O.P. No.3 to look into the matter, however, the said direction of O.P. No.2 was not complied with and hence the petitioner No.1 filed W.P.(C) No. 27155/2011 by way of a PIL before this Court and this Court vide order dated 21.10.2011 directed the O.P. No.2 to consider the representation filed by the villagers and dispose of the same. In the meanwhile, lease deed was executed between the Collector, Cuttack and IDCO for transfer of 53.90 acres of land in village Khamara Nuagaon on 19.07.2011 and subsequently the IDCO-O.P. No.6 allotted the said extent of land in favour of O.P. No.7-Company vide letter dated 8.8.2011 for establishment of the said industry and accordingly lease deed also came to be executed on 19.8.2011 between the IDCO and O.P. No.7. It is also stated by the petitioners that the State Pollution Control Board (SPCB), namely, O.P. No.5 has granted consent to O.P. No.7 for setting up of a Bulk Terminal of capacity 2.0 MTPA under the relevant provisions of Acts.

(3.) OPPOSITE party Nos. 1 to 4 have filed a common counter affidavit stating that the orders impugned have been passed strictly inconsonance with Section 3-A of the OGLS Act and Rule 4 of the OGLS Rules and there is no illegality in the decision making process. It is stated that during the public hearing, the writ petitioners did not make any objection and though some other villagers filed their objections, the same were considered and overruled and the de-reservation proceedings for allotment of said government land to IDCO is proper and legal. Further, pursuant to the direction of this Court dated 21.10.2011 in W.P.(C) No. 27155/2011, the O.P. No.2, namely, Revenue Divisional Commissioner, Central Division, Cuttack conducted enquiry and held that the allotment of the government land in question to the IDCO for the purpose of industry is legitimate and objections raised by the petitioners are devoid of any merit. However, the said order has never been challenged by any person till now.