BHUBANESWAR DEVELOPMENT AUTHORITY Vs. ADIKANDA BISWAL

JUDGEMENT

(1.) The question that arises for reconsideration in these Appeals is whether the methodology adopted by Bhubaneswar Development Authority (hereinafter shall be referred to as 'BDA') in allotment of 45 plots situated within the city of Bhubaneswar to the citizens of Orissa on First Come First Served basis on out-right purchase, can be said to be just, proper and legally tenable method.

(2.) Advertisements were issued by the Appellants on 07.01.2000 in daily local newspapers published in Orissa namely, 'The Samay', 'The Samvad' and 'The Dharithri', having wide circulation, for allotment of plots, on the terms and conditions mentioned in it, which we shall deal with later.

(3.) The advertisement shows that 45 plots were available for allotment on First Come First Served basis under the Scheme framed by BDA, having a plot size of 2400 sq.ft. (60' X 40') in Chandrasekharpur residential area at a cost of Rs.2.40 lakhs only that is at the rate of Rs.100/- per sq.ft. The advertisement further contemplates that the persons interested in out-right purchase would get priority in allotment of plot and they had to submit a bank draft drawn on Oriental Bank of Commerce, BDA Branch, Akash Sova Building, Bhubaneswar. It further contemplates that the Applications could be submitted on plain paper with the original Challan but general terms and conditions of allotment of plots, applicable to other schemes would be applicable to the present Scheme launched by BDA.