HC declines stay on land acquisition for Posco

CUTTACK: In a major relief to Posco, the Orissa High Court on Friday refused to grant any interim order on land acquisition for its 12-mtpa steel plant project in Jagatsinghpur district.The division bench of Chief Justice V Gopalagowda and Justice BN Mohapatra, however, have directed status quo on the private land belonging to villagers of five villages coming under the project area till disposal of the case.The bench has also observed that the land acquisition award in respect of acquisition of other land in the district was not in accordance with the law and directed the Collector to make awards afresh under Section 11 of the Land Acquisition Act within two years from the date of publication of the declaration under the said Act.Nishakar Khatua and five others of Gobindpur-Dhinkia area, that comes under the project site, had filed two petitions challenging the land acquisition process initiated by Jagatsinghpur district administration for Posco Steel project.The Forest clearance granted by the Union Environment and Forest Ministry in favour of the project was violating the Scheduled Tribes and Other Traditional Dwellers (Recognition of Forest Rights) Act of 2006.The Court observed that the petitioners had not made out prima facie case for grant of interim relief.Even assuming that the petitioners have made out a case, the balance of convenience is not in their favour and accordingly the bench is not inclined to pass any interim order staying the land acquisition, the judges pointed out.The bench further observed that the establishment of the steel plant would benefit a whole lot of people and serve larger public interest.It also voiced approval of the Industrial Policy of the State Government which had entered into an MoU with Posco for the steel plant that would provide employment to 30,000 people besides huge generation of revenue through taxes.So far as the Other Traditional Forest Dwellers Rights’ violation is concerned, “such claims made in the writ petition through the public spirited persons are very minimal when the State Government has every power to acquire such land,” the bench ruled.The petitioners had alleged that a substantial chunk of the land area that had been notified for acquisition was forest land and the traditional forest dwellers had a right over it.Of around 1,620.496 hectares of land earmarked for the project, 74 per cent was forest land.By acquiring the land, the rights of as many as 3,575 families would be violated, they stated.The Government had countered the claims stating that the land in question was never used by any of the traditional forest dwellers.The area also did not fall under the definition of forest dwellers.