HC notice to Centre, Orissa and Posco on land acquisition

Orissa High Court today issued notices to the State and Central governments and Posco India on a PIL alleging illegal forest clearance granted in favour of the company for a steel plant in Jagatsinghpur district.

A division bench of Chief Justice V Gopal Gowda and Justice BN Mohapatra of the HC issued the notices after preliminary hearing on a PIL and adjourned the matter to be heard again next week on May 25.

Nishakar Khatua and five others of Gobindapur village under Dhinkia panchayat of Jagatsinghpur district where the proposed 12 million tonne per annum capacity steel plant is proposed to be set up, have filed the PIL stating that the forest clearance granted to the company has been done contrary to Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act of 2006. The petitioners have also stated that the forest clearance also violates Article 14, 19, 21 and 300-A read with Articles 38, 39 (a, b and c), 39A, 46, 48A and 51-A(g) of the Constitution of India.

Challenging several central and state government circulars and orders in favour of Posco, the petitioners have also questioned the actions of different departments of the Orissa government in the matter.

Submitting more than 25 annexures in the plea, the petitioners have listed Union ministries of environment and forests, tribal affairs, Posco and six departments of the Orissa government as opposite parties. The High Court has issued notices to all the opposite parties.

The petitioners claim that they are directly affected by the illegal order purporting to forest clearance and diversion of forest land to Posco as they belong to 'other forest dwellers' as per the Forest Rights Act.