Orissa to challenge high court verdict
Orissa chief minister Naveen Patnaik on Thursday denied having violated any forest and environment laws to facilitate land acquisition for Vedanta University project and said his government had followed all laid down procedures in letter and spirit.
Replying to an adjournment motion moved by Congress chief whip Prasad Harichandan on the Vedanta University issue in the Assembly, Mr Patnaik said his government has sought the advocate general’s opinion for appropriate steps to be taken in accordance with law whether or not to challenge the recent Orissa HC in the top court.
A division bench of the HC on November 16 had struck down the land acquisition process for the university by the government terming it illegal.
Vedanta Foundation, which subsequently changed its name to Anil Agarwal Foundation, entered into a MoU with the government on July 19, 2006 for establishment of a “world class multi-disciplinary” university along with a self-contained township near Puri at an estimated cost of `15,000 crores. The proposed university aimed to have up to one lakh students and up to 20,000 faculty members.
The Foundation had asked for 7184.37 acres of land, which was subsequently reduced to 6137.90 acres. Meanwhile, the state government had acquired 3495.21 acres of private land and 509.27 acres of government land and leased out to the foundation.
The high court, however, quashed the land acquisition proceedings and directed to restore the possession of the acquired land to the land owners and resume the government land leased to the company.
The dispute was over whether the Anil Agarwal Foundation is a private company or a public company in terms of the provisions of the Companies Act, 1956. The court held that the acquisition of land in favour of the foundation is not permissible, except for some limited purposes enumerated under Section 40(1)(a) of the Land Acquisition Act, since it is a private company.
The chief minister, however, countered the court’s stand by stating, “In this connection I may point out that acquisition was never made under this aforesaid provision but under Section 40(1) (aa) or 40 (l) (b) for a public purpose, the acquisition being for the purpose of setting up a university.. ..As the government has accepted, based on the records, that the Foundation is a Public Company, land acquisition for an educational purpose like for the proposed world class University would be permissible under the Land Acquisition Act, 1894.”
Unsatisfied with the CM’s reply, the opposition Congress and BJP members staged a walkout. The state Assembly has failed to function normally as the Opposition has been demanding for the chief minister’s resignation over the Vedanta land deal.
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