However, the high court dismissed the writ petitions of farmers of Bara tehsil, challenging the notification issued by the state government for acquisition of their 777 hectare of land for the establishment of 3,200MW (three units of 660MW, expandable to two more units) of thermal power plant. The total cost of the project is around Rs 30,000 crore.
While allowing the writ petitions of farmers of Karchana, the HC quashed the state government notifications dated November 23, 2007, issued under Section 4 of the Land Acquisition Act-read with Section 17 (1) and 17 (4)-and also the notification (dated March 3, 2008) issued under Section 6 of the Act.
The judgment was delivered by a division bench of Justice Ashok Bhushan and Justice Sunita Agarwal on a bunch of writ petitions filed by Awadesh Pratap Singh and others of Bara as well as Karchana tehsils.
Dismissing the writ petitions of Bara farmers, the HC gave a green signal for the project on the ground that "work at the site for establishment of thermal power plant was substantially undertaken". The bench said: "Dismissal of these writ petitions shall not preclude the farmers from seeking their statutory remedy regarding amount of compensation granted to them."
While the Sangam Power Generation Company Limited (SPGCL) was entrusted with the work for designing, constructing and operating the Karchana power plant, Bara plant was to be handled by the Prayagraj Power Generation Company Limited (PPGCL). Both the companies are Jaypee Group undertakings.
"There is nothing on record to indicate that any development towards the project has been undertaken. The cases pertaining to Karchana tehsil are on a different footing, and relief for quashing the notification by the farmers cannot be denied," the court observed. The court made it clear that quashing of notification was subject to the deposit of compensation, if any, received by the farmers.
Source- Times of India