Court reserves judgment on Nilachal Power Plant

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Follow us:WhatsappFacebookTwitterTelegram.cls-1{fill:#4d4d4d;}.cls-2{fill:#fff;}Google NewsThe Orissa High Court on Wednesday reserved its judgment on the continuation of its interim order of status quo that has stalled the construction of the KVK Nilachal Power Plant near Athgarh in Cuttack district.The division bench of Chief Justice V Gopalagowda and Justice SK Mishra heard the submissions of all the parties for about two hours on each day for the last three days and reserved its judgement. Acting on several writ petitions challenging the land acquisition for the 1200 MW power plant and construction adjacent to the Kapilas Sanctuary, the Court had earlier passed an order of status quo on the issue.The petitioners, including Charidesha Krushak Surakhya Sangha and other individuals had challenged the establishment of the power plant within the buffer zone of the Kapilas wildlife sanctuary.They submitted that there can be no construction within 10 km radius of the boundary of the sanctuary and also further challenged the land acquisition proceedings indicating procedural irregularities by the State Government.On the other hand, appearing for the company, senior advocate of the Supreme Court Uday Lalit stated before the court that the KVK Nilachal had entered into an MoU with the Government for establishment of the power plant in 2006. After the land acquisition process, the company started its construction in 2009 and by now it has already spent more than several thousand crores with the plant being in its final stages.It was further stated by him that since the Sanctuary was declared only in 2011, years after signing of the MoU, the restrictions under the Wild Life Protection Act and Environment Laws cannot strictly apply to the company. Therefore, the order of status quo should be modified and the company be permitted to carry on with its construction activities over its acquired land against which no case is pending.He also submitted that many other industries were coming up in the vicinity of the 10 km radius of wildlife sanctuaries in the State.first published:January 01, 1970, 05:30 ISTlast updated:January 01, 1970, 05:30 IST
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The Orissa High Court on Wednesday reserved its judgment on the continuation of its interim order of status quo that has stalled the construction of the KVK Nilachal Power Plant near Athgarh in Cuttack district.

The division bench of Chief Justice V Gopalagowda and Justice SK Mishra heard the submissions of all the parties for about two hours on each day for the last three days and reserved its judgement. Acting on several writ petitions challenging the land acquisition for the 1200 MW power plant and construction adjacent to the Kapilas Sanctuary, the Court had earlier passed an order of status quo on the issue.

The petitioners, including Charidesha Krushak Surakhya Sangha and other individuals had challenged the establishment of the power plant within the buffer zone of the Kapilas wildlife sanctuary.

They submitted that there can be no construction within 10 km radius of the boundary of the sanctuary and also further challenged the land acquisition proceedings indicating procedural irregularities by the State Government.

On the other hand, appearing for the company, senior advocate of the Supreme Court Uday Lalit stated before the court that the KVK Nilachal had entered into an MoU with the Government for establishment of the power plant in 2006. After the land acquisition process, the company started its construction in 2009 and by now it has already spent more than several thousand crores with the plant being in its final stages.

It was further stated by him that since the Sanctuary was declared only in 2011, years after signing of the MoU, the restrictions under the Wild Life Protection Act and Environment Laws cannot strictly apply to the company. Therefore, the order of status quo should be modified and the company be permitted to carry on with its construction activities over its acquired land against which no case is pending.

He also submitted that many other industries were coming up in the vicinity of the 10 km radius of wildlife sanctuaries in the State.