IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 35811 of 2008(L) -------------------------- PETITIONER(S): --------------- HINDUSTAN NEWSPRINT LIMITED, NEWSPRINT NAGAR-686 616, KOTTAYAM DISTRICT, REPRESENTED BY ITS COMPANY SECRETARY, MR.B.ANILKUMAR. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 3. THE CHIEF CONSERVATOR OF FORESTS (PROTECTION), FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM 695014. 4. THE DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, MUNNAR. GOVERNMENT PLEADER (FORESTS) SHRI.RENJITH THAMBAN, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 35811 of 2008 ================== Dated this the 19th day of December, 2008 J U D G M E N T The petitioner, who is a company owned by the Central Government, is aggrieved by the action of the respondents in taking steps to distribute certain lands to landless people, which as per the agreement executed between the petitioner and the Government, have been handed over to the petitioner company for the purpose of captive cultivation of eucalyptus trees which is the raw material for the manufacturing activities of the company. I am of opinion that in view of several Supreme Court decisions, such as Oil & Natural gas Corporation Ltd. v. City & Indust. Dev. Corpn. Maharashtra and Ors. [JT 2007 (9) SC 382], Mahanagar Telephone Nigam Ltd. v. Chairman, Central Board, Direct Taxes and Another [(2004) 6 SCC 431] and Chief Conservator of Forests, Govt. of A.P. v. Collector And Others [(2003) 3 SCC 472], such disputes between Government entities should be, in the first instance, tried to be resolved by a High Powered Committee appointed for that purpose. In the above circumstances, I am of opinion that the dispute involved in w.p.c.35811/08 2 this writ petition being a dispute between a Central Government owned company and the Government of Kerala, should be tried to be resolved in the first instance by a High Powered Committee appointed for the purpose. Accordingly, I direct that the dispute involved in this writ petition be referred to a High Powered Committee consisting of; (1) Secretary of the Ministry of Heavy Industries, Union of India; (2) Chief Secretary of the State; (3) Secretaries of the concerned Departments of the Union and the State; and (4) Chief Executive Officer of the petitioner company. The High Powered Committee shall give its decision within a period of four months from the date of receipt of a certified copy of this judgment. Till then, the petitioner shall not be dispossessed from the disputed properties. The respondents may continue other proceedings in respect of the distribution of land up to passing of orders, but the final orders so passed shall not be implemented till the decision of the High Powered Committee. The petitioner shall produce a certified copy of this judgment before the Secretary of the Heavy Industries Department, Union w.p.c.35811/08 3 of India, who shall take appropriate steps in the matter in consultation with the Chief Secretary of the Government of Kerala. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge