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2014 Supreme(Ori) 134

I.MAHANTY, BISWANATH MAHAPATRA
Charidesa Krusak Surakhya Sangha – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For Petitioners:M/s. Jayant Das, Senior Advocate, S.N. Sarkar & B.K. Jena.
For Opposite Parties:Mr. Ashok Mohanty, Advocate General, Mr. S.D. Das, Assistant Solicitor General, M/s. Pinaki Mishra, Senior Advocate, Milan Kanungo, Senior Advocate & Mr. S. Das.

JUDGMENT

INDRAJIT MAHANTY, J.

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. This judgment relates to the cases under Category-IV as noted herein-below:–

Category - IV

Challenge to lack of permissions and clearances for construction of the project, lack of forest clearance, lack of wildlife clearance

14. W.P. (C) No. 9384 of 2012

15. W.A. No. 321 of 2011

16. W.P. (C) No. 30369 of 2011

17. W.P. (C) No. 3926 of 2010

3. For the convenience of adjudication, we have proceeded to deal with the aforesaid cases c

















































































































































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