Date: 18.09.

2014

SUPREME COURT RETURNS LAND TO FARMERS ACQUIRED FOR RELIANCE POWER

PROJECT, DADRI

The Hon’ble Supreme Court gave a landmark judgment on 16 th of September

2014 in favour of farmers of Baghera Khurd and adjacent villages in Uttar
Pradesh. In the Year 2004, hundreds of acres of agricultural land belonging
to the farmers was acquired for Anil Ambani's Reliance Power Limited,
(Dadri). This massive acquisition of agricultural land was not only opposed by
the farmers but also by late Prime Minister Vishwanath Pratap Singh, Justice
Rajinder Sachar, Late Shri Surendra Mohan, Smt. Medha Patkar, A.B.
Bardhan, Bhupender Singh Rawat and others. The farmers had also filed Writ
Petition in the Allahabad High Court challenging the acquisition, inter alia, on
the ground that the Government had colluded with the Reliance Group and
that it was a colourable exercise of power. The Government had gone to the
extent of applying urgency provisions under Section 17, even though no such
urgency existed and the urgency provision was not even applicable in case of
acquisition for a private company. The Allahabad High Court, in an elaborate
judgment, found that the entire acquisition was solely for a private company
i.e. for Anil Ambani’s Reliance Power Ltd. and the proceeding initiated by the
State Government for acquisition was a colourable exercise of power. The
High Court, therefore, set aside Section 6 Notification and all proceedings
subsequent thereto but retained Section 4 Notification and allowed Section
5A enquiry to continue. The said judgment of the High Court was challenged
by Reliance Power Ltd. before the Supreme Court. The farmers also
challenged that part of the judgment by which Section 4 was retained and
Section 5A enquiry was allowed to continue, including for refund of the
compensation paid. In the Supreme Court it was argued by Mr. Sanjay
Parikh, Senior Advocate for a batch of petitions by farmers, that once the
acquisition was a colourable exercise of power, not only Section 6 but also
Section 4 and all other proceedings stand vitiated and, therefore, neither
Section 5A hearing nor the directions given by the High Court for refund can
be sustained. It was also argued by him that due to lapse of time, Section 6
Notification cannot be issued resulting in lapse of entire land acquisition
proceedings. After the Supreme Court heard the arguments and reserved the
judgment, Reliance Power Ltd. filed an affidavit that they are no longer
interested in the land because of non-availability of natural gas in the region.
The Supreme Court, therefore, heard the parties again and, thereafter,
pronounced the judgment on 16.09.2014. The Hon'ble Supreme Court, after
referring to the High Court judgment, has observed that the High Court
judgment was delivered on 04.12.2009 but there was no stay granted by the
Supreme Court. Further, the State had not chosen to challenge the High
Court judgment and, therefore, acquisition proceedings lapsed as limitation
for issuing Notifications under Section 6 of the Act or for making Award in
respect of proceedings initiated vide Notification under Section 4 has expired.
In view of the entire land acquisition proceedings lapsing, the directions
given by the High Court: to proceed with further enquiry under Section 5A,
regarding filing of objections and refund of the amount, do not survive. It
was emphasized in the judgment that due to lapse of the acquisition
proceedings, the directions given by the High Court cannot be given effect to.
The Supreme Court, however, permitted the Company to avail of any other
remedy for recovery of the amount, if any. It also permitted the farmers to
claim damages, if any, from the Company.

Maharana Sangram Singh Kisan Kalyan Samiti (Bhumi Bachao Andolan) has
welcomed this judgment and has taken it as a great victory of the farmers. It
is hailed as a landmark judgment as the farmers have succeeded in getting
back their agricultural land from Reliance Power Ltd. They see the judgment
of the Hon'ble Supreme Court as upholding the rights of farmers to lead a
dignified life by cultivating their agricultural lands and sustaining their families
and the society.

Bhupender Singh Rawat,

Convener,

Bhumi Bachao Andolan,

Jan Sangharsh Vahini.

9868806929