CUTTACK: In a major relief for the Posco project, the Orissa High Court today refused to pass any interim stay with regard to acquisition of forest land by the state government for the project, but ordered the status quo shall be maintained in case of acquisition of private land.The Division Bench of Chief Justice V Gopala Gowda and Justice B N Mohapatra, which had been hearing at least two PILs with regard to land acquisition for the 12 million tonnes steel project in its verdict made it clear that the court shall not intervene at this stage over the question of forest clearance granted to the company under Recognition of Forest Rights Act of 2006.However, disposing of the PIL filed by Nishakar Khatua and five others of Govindpur village under Dhinkia panchayat of Jagatsinghpur district, the High Court clarified that the status quo shall be maintained with regard to the stay of private land acquisition by the government under section 6(1) of Land Acquisition Act for the project.The petitioners had 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 government and state government circulars and orders in favour of Posco, the petitioners had questioned the actions of different departments of Orissa government in the matter.The petitioners had claimed that they were 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.The petitioners also maintained that they are victims of non-implementation of the Act for the purpose of recognition and vesting of their forest rights which they have been enjoying since generations.Posco India Ltd, however, had argued in the court that no illegalities had been done either by the Central government or state government in giving 'forest clearance and diversion of forest land' for the project.
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