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2014 Supreme(Ori) 137

I.MAHANTY, BISWANATH MAHAPATRA
Narayan Sahoo – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For Petitioners: M/s. Sachidananda Sahoo & P.R. Bhuyan.
For Opposite Parties:Mr. Ashok Mohanty, Advocate General, Mr. Pinaki Mishra, M/s. S.K. Padhi, M. Padhi, A. Das, B. Panigrahi, S.B. Dash, Mr. J. Pattnaik, Senior Advocate, M/s. B. Mohanty, T. Pattnaik, S. Pattnaik, A. Pattnaik, B.S. Rayaguru.

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 issues under Categories - II & III as noted herein-below:–

Category - II & III

Challenge to the alienation of Government land under the OGLS Act, illegal sale of Government land, illegal sale of SC & ST, Smashan, common land.

Challenge to the validity of Notification u/s. 73(c) of the Odisha Land Reforms Act, 1960 as well as challenge to the private purchases made by KVK for its thermal power plant.

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