The hearing on the issue of land acquisition for the Anil Dhirubhai Ambani Group (ADAG) company’s 8,000 Mw Dadri power project in Uttar Pradesh could not commence in the Supreme Court today as one of the judge recused himself from the Bench.
When the matter came before a Bench headed by Chief Justice K G Balakrishnan, Justice B S Chauhan who was sitting with him said he would not like to hear the petition as he had heard it few years ago when he was the judge in the Allahabad High Court.
"It would not be proper for me to hear the matter," Justice Chauhan said declining the plea of parties that they have no objection about he being part of the Bench.
The CJI adjourned the hearing for January 18 with a direction for listing it before an appropriate Bench.
Anil Ambani-led Reliance Power (RPL) has challenged the December 5, 2009 decision of the Allahabad High Court quashing the Uttar Pradesh government's notification for using emergency powers to acquire land for the company’s 8,000 Mw Dadri power project.
The High Court had said that state government had side-stepped a provision inviting objections from land owners.
Senior advocate Mukul Rohatgi and Sourav Kirpal appeared for the Anil Ambani company while Senior advocate Harish Salve represented the UP government.
In its appeal, RPL contended that the High Court should not have entertained the petitions of the farmers on grounds of delay in filing them.
It said that the company had complied with the provisions of the Land Acquisition law and the project was in public interest.
