NEW DELHI: The Supreme Court recently in an order rejected the review plea of Anil Aggarwal Foundation, challenging its earlier 2023 decision upholding the verdict of Odisha High Court which had ruled the land acquisition for establishment of Vedanta University in Puri, null and void.
Aggarwal, who plans to establish the Vedanta University in Puri, is the Chairman of Vedanta Resources, the mining company. He is the Non-Executive Chairman of Vedanta Limited, founded in 1976.
A two-judge bench of the apex court, led by Justice M M Sundresh and also comprising Justice Rajesh Bindal, dismissed the review plea of Anil Aggarwal Foundation.
"Applications for listing the Review Petitions in open Court are rejected. We have perused the Review Petitions and record of the Civil Appeals and are convinced that the order of which review has been sought, does not suffer from any error apparent warranting its reconsideration. Accordingly, the Review Petitions are dismissed," the bench of the apex court, in its review order, a copy accessed by TNIE, said.
The petitioner, Anil Aggarwal Foundation had moved the SC challenging the April 12, 2023 order passed by a two-judge Bench of it, led by Justice M R Shah and Justice Krishna Murari.
The Supreme Court in 2023, in its 103-page verdict, not only dismissed the petition filed against the Odisha HC order but also asked the appellant - beneficiary company - Anil Agarwal Foundation, to deposit Rs 5 lakhs with the Registrar of this Court.
The SC had quashed the acquision of about 6000 acres of land, belonging to about 6000 families, affecting approximately 30,000 people, to set up Vedanta University in Odisha.
The SC earlier, while slamming the Odisha government, in its 2023 verdict said, the most important aspect, which was required to be considered is the non-application of mind by the State Government on environmental aspects and passing of two rivers from the acquired lands in question.
"It is not in dispute that from the lands in question two rivers namely 'Nuanai' and 'Nala' are flowing, which as such were acquired by the State Government. The control of the rivers would be with the said private company, which would violate the Doctrine of Public Trust," the SC had said.
It had also upheld the order of the two-judge Bench of the Odisha HC, which quashed the land acquisition proceedings in question and the awards passed in the land acquisition proceedings for acquisition of lands in favour of the appellant beneficiary company (Anil Aggarwal Foundation). "The possession of the acquired lands shall be restored to the respective landowners and on restoration of the possession to the landowners. They shall refund the amounts received by them as compensation or otherwise in respect of their lands," the SC had said, in its 2023 order.
"It is not appreciable why the Government (Odisha) offered such an undue favour in favour of one trust/ company (Anil Aggarwal). Thus, the entire acquisition proceedings and the benefits, which were proposed by the State Government were vitiated by favourism and violative of Article 14 of the Constitution of India," the apex court ruled in 2023.
It is to be noted that the review petitions are being heard in a chamber, where no party (s) -- whether it would be petitioner,/ respondent or lawyer or litigant -- is present. Judges concerned hear the case, go through the files and decides in 15-20 minutes.