JUDGMENT :

C. Nagappan, C.J. - Petitioners, claiming to be the inhabitants of village Kolathapangi have filed this writ petition by way of Public Interest Litigation seeking to quash the order of the Collector-opp. Party No. 3 dated 19.01.2011 under Annexure-5 de-reserving the lands measuring Ac.36.10 dec. under Khata No. 116 corresponding to plot No. 167 (part) in Mouza Kolathapangi; and further sought for declaration that the allotment of the said land in favour of O.P. No. 7-Company is illegal. Briefly, the case of the petitioners is that the O.P. No. 7-Ultra Tech Cement Ltd. signed an MOU with the State Government, namely, opposite party No. 1 on 10.11.2006 for establishment of 1.5 MTPA Split Cement Grinding Unit at Khamara Nuagaon and Kolathapangi under Athagarh Tahsil in the district of Cuttack with project cost of Rs. 300 Crores. The Industrial Promotion and Investment Corporation of Orissa Ltd. (IPICOL) vide letter dated 09.06.2010 recommended IDCO-O.P. No. 6 that Ac.90.00 of land at the said villages may be alienated in favour of O.P. No. 7 for establishment of the 1.5 MTPA Split cement grinding unit. Pursuant to said recommendation, O.P. No. 6-IDCO made requisition for alienation of government land measuring Ac.36.100 in village Kolathapangi vide letter No. 17611 dated 26.08.2010 for the purpose of establishment of the said industry. Thereafter, O.P. No. 4 initiated a de-reservation case vide Lease Misc. Case No. 4/2010 under the provisions of Orissa Government Land Settlement Act, 1962 (in short "the OGLS Act") to de-reserve the said land and invited public objections by issuing proclamation. According to the petitioners, they along with some other co-villagers filed their written objection stating that cattle and livestock used to graze in the said Gochar land, the said land is also used by the villagers for organizing various social functions, the youth and the children of the village are also using the said land as play ground, and further setting up of the said industry will lead to environmental problems. On 08.12.2010 personal hearing as well as spot inspection was conducted by the Tahsildar, Athagarh-O.P. No. 4 and after completion of the necessary formalities, the O.P. No. 4 overruling the objections, vide letter dated 18.12.2010 recommended the O.P. No. 3 that the subject land be de-reserved. The Collector-O.P. No. 3 by order dated 19.01.2011 accepted the recommendation of the Tahsildar and directed for de-reservation of the said land in exercise of power u/s 3A of the OGLS Act read with Rule 4 of the OGLS Rules, 1983 and sanctioned release of the said land in favour of IDCO and thereafter sanction order was issued. According to the petitioners, during pendency of the Lease Misc. Case No. 4/2010, they along with their co-villagers approached the O.P. No. 2 by way of a representation dated 10.11.2010 stating that their case was not heard in proper manner and their objections were not appreciated properly. On receipt of the said representation, the O.P. No. 2 directed the Collector, Cuttack-O.P. No. 3 to look into the matter, however, the said direction of O.P. No. 2 was not complied with.

In the meanwhile, lease deed was executed between the Collector, Cuttack and IDCO for transfer of 36.100 acres of land in village Kolathapangi on 18.07.2011 and subsequently the IDCO-O.P. No. 6 allotted the said extent of land in favour of O.P. No. 7-Company vide letter dated 8.8.2011 for establishment of the said industry and accordingly lease deed also came to be executed on 19.8.2011 between the IDCO and O.P. No. 7. It is also stated by the petitioners that the State Pollution Control Board (SPCB), namely, O.P. No. 5 has granted consent to O.P. No. 7 for setting up of a Bulk Terminal of capacity 2.0 MTPA under the relevant provisions of Acts.

2. Petitioners have stated that the subject land is a communal land and has been kept reserved for common use of villagers and there is no specific provision for de-reservation of such