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March 3, 2001
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Chhattisgarh to move SC on Balco

Chhattisgarh government would soon move the Supreme Court (SC) on the controversial Balco deal, Chief Minister Ajit Jogi said on Saturday, declaring that he would disclose the names of beneficiaries of the Rs 1 billion alleged kickback before a parliamentary committee.

"We will soon move the Supreme Court," he said, adding that the deal was in contempt of the 1996 verdict of the Apex Court in the case of Samatha Vs Andhra Pradesh where it was ruled that tribal land could not be allocated to private entity. "Let the Centre constitute a Joint Parliamentary Committee and I undertake to disclose the names of the kickback beneficiaries before it. I accept the challenge of the Divestment Minister Arun Shourie," Jogi said.

On how the state legislature could pass a resolution against divestment in Balco after the issue was cleared by Parliament, Jogi said that in the federal structure "we are doing what we should. They have done what they can. What we have done is constitutionally and legally correct. It is no transgression."

Shourie had challenged Jogi in Parliament on Thursday to name the beneficiaries of the alleged kickbacks without the 'immunity' of the legislature saying then the centre would take appropriate action.

"I have the names and account numbers. But why should I disclose these without a proper platform," Jogi said when asked as to why he was not disclosing the names without the immunity of 'legislature' and whether he was willing to name the official of the state government involved in the kickbacks.

Immediately after the Cabinet Committee on Divestment decided to sell 51 per cent stake to Sterlite Industries, Jogi had alleged payment of money to one official each in PMO, Divestment Ministry and the state government and threatened to cancel mining lease of Balco in case Centre did not reconsider its decision.

Asked about the future course of action, Jogi said that people of Chhattisgarh would not allow the new owners to enter the state and operate and emphasised that his actions would not affect the flow of investment in the state.

"Already the Collector of Korba (where Balco plant is located) has sent a notice to divestment secretary," he said, adding that Sterlite Industries would also be arraigned as a party to the violation of the law.

Asked as to how he could cancel the mining lease as the subject was under the jurisdiction of the Centre, he cited various sections of Madhya Pradesh land revenue laws of 1959 and said that violation was under Section 170 A, B and C when read in tandem with section 165 (6).

Under these laws no private entity could be given tribal land for industrial activities, he said.

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