UMARAON SINGH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) In this batch of writ petitions, since common questions of law and facts arise for consideration, they were heard together and are being decided by this common order. For the facility of reference, the facts from Writ Petition No. 18712/2010 are being referred to.

(2.) The petitioners who are the owners of agricultural land situate in villages Jalud, Kunda, Mardana, Nagwan and Teliyaon of Tahsil Maheshwar, District Khargone, in the instant writ petitions have impugned the legality and validity of the Notifications dated 31-7-2010 and 1-10-2010 issued under sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') by which the lands belonging to the petitioners are sought to be acquired for Maheshwar Hydel Power Project. The petitioners also assail the validity of the order dated 26-7-2010 passed by the Commissioner by which permission has been accorded to invoke the urgency clause under section 17(1) of the Act. The petitioners also seek quashment of the agreement dated 16-9-2010 executed under section 41 of the Act between the State Government and respondent No. 3.

(3.) The Maheshwar Hydel Electricity Power Project is 400 MW Run of River Scheme which is an integral part of Narmada Valley Development Plan. Initially, the project was conceived and finalized by Narmada Valley Development Authority, Government of Madhya Pradesh in the year 1983. The project was finalized in the year 1988. As the project in question is a power generation project, intended to generate electricity for the State, its implementation was handed-over to Madhya Pradesh Electricity Board. However, subsequently as per the policy of the State Government for promoting private sector participation in power generation, the project was handed over to private promoter, namely, M/s Shri Maheshwar Hydel Power Corporation Public Limited Company (hereinafter referred to as the 'Company'). Thereafter on 28-7-1993 a Memorandum of Understanding (MOU) was executed amongst the Government of Madhya Pradesh, Madhya Pradesh Electricity Board and the Company. Under the aforesaid MOU the Company agreed to establish and operate the Power Station on build, own and operate basis. The Government and the Board took upon the responsibility to get all the statutory clearance, NOCs and permission for establishment, operation and maintenance of power station. The M. P. Electricity Board also agreed to execute the agreement for purchase of power from the company. The MOU further provides that representative of the Government will be on the Board of Directors of the Company. Thereafter, on 11-11-1994 the Madhya Pradesh Electricity Board entered into Power Purchase Agreement with the Company which was subsequently modified on 27-5-1996. As per the modified Power Purchase Agreement the entire power generated from the project is required to be supplied to the Madhya Pradesh State Electricity Board. The tariff of electricity generated from the Project shall be decided by the M. P. State Electricity Regulatory Commission. The Government of India through Ministry of Environment and Forest on 1-5-2001 allowed transfer of environment clearance, earlier accorded to Narmada Valley Development Authority, in favour of the Company on the terms and conditions set out therein.