SACHALABALA SETHY Vs. CHIEF SECRETARY

JUDGEMENT

(1.) THE present batch of writ applications has come to be filed by the petitioner Charidesa Krusak Surakhya Sangha and several land losers seeking to challenge the validity of the acquisition of land made by the Industrial Development Corporation of Odisha (hereinafter referred to as the 'IDCO') for the purpose of setting up a thermal power plant by M/s. KVK Nilachal Pvt. Ltd. (hereinafter referred to as the 'KVK').

(2.) AT the commencement of hearing, we requested the learned counsel for the respective parties in this batch of cases to make out categories on the issues raised and to bunch the various cases in each such category. Accordingly, on the consent of the learned counsel representing the various parties, four categories were made in the following manner. (The respective cases which fall under each category are indicated under each head).

(3.) IN the background of the aforesaid challenge it now become essential to take note of certain facts, which are not in dispute. A Memorandum of Understanding (hereinafter referred to as 'MOU') was signed between the Government of Odisha and KVK on 26.09.2006 and the relevant portion of the said MOU relating to land reads as follows: