The Odisha High Court has commenced hearing of challenge of acquisition of land by the State Government for the Idco for Sahara Power.
The challenge has been made by a group of villagers involving around 38 acres of land. In the process, the entire acquired land, despite grant of sublease, has not been handed over by the Idco to the power infrastructure company.
Appearing for Sahara Power, Senior Advocate Jayant Das, assisted by advocate Aditya Das, contended that the challenge is not maintainable and is motivated because none of the petitioners had raised any objection in accordance with law under Section 5A of the lA Act.
Secondly, the acquisition of the entire area has been completed; the land has vested in the State; the State has granted the lease in the Idco’s favour, and the Idco, in turn, has granted sublease in favour of the company. Thirdly, all other points raised by the petitioners regarding colourable exercise of power have been repelled by the High Court in a recent judgment relating to another power infrastructure project, Das argued.
Das also relied upon the judgments of the Supreme Court in the case of Swaika Corporation, Andhra Pradesh Infrastructure Corporation and Diamond Bar in Prativa Nema. He wanted to proceed to argue on merits.
The Bench of Acting Chief Justice Pradeep Kumar Mohanty and Justice Biswajit Mohanty expressed the opinion that it would be appropriate to deal with the preliminary objections regarding the maintainability of the writ petitions.
The counsel for the petitioners wanted to examine the judgments relied upon by Das, including the recent one of the High Court. The matter has been adjourned to be called after a week for further hearing and final disposal.