REBATIKANTA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, who is a Medical Practitioner by profession, has filed this writ application assailing the legality of notice in Annexure-1 issued by the Cuttack Development Authority directing the petitioner to show cause as to why allotment of land measuring 4178 Sqft. at Jajatikendra Market Complex, Buxibazar, Cuttack made in his favour vide office letter no.9310 dated 17.7.1997 shall not be cancelled, the same having been made in contravention of the original lease condition of the Government.

(2.) AS it appears from Annexure-2, a decision was taken by the Cuttack Development Authority to allot a space measuring 1500 Sqft. at Jajatikendra Market Complex, Buxibazar, Cuttack in favour of the petitioner on long term lease basis for a period of ninety years from the date of taking over possession for the purpose of Scanning Centre and also for allied purposes relating to the said centre. Possession of the aforesaid space was handed over to the petitioner in Annexure-3 on 25.4.1994. In the year 1996, the then Vice-Chairman of Cuttack Development Authority allotted an additional area of 2678 Sqft. at Jajatikendra, Buxibazar, Cuttack for setting up of the C.T. Scan in the premises subject to payment of certain amount. Possession of the said additional land was handed over to the petitioner in Annexure-3/a on 17.7.1997. Under Annexure-4, the petitioner was given post facto permission for construction of a three storied building to be exclusively used as a Nursing Home (Health Unit) on 6.1.2000. After taking possession of the land and a part of the space initially allotted, the petitioner completed construction of the Nursing Home and started running a Nursing Home in the name and style of "Ideal Nursing Home". The Cuttack Development Authority also permitted the petitioner to avail loan from financial institutions by mortgaging the said property during lease. While the Nursing Home was running smoothly and the Cuttack Development Authority had no grievance regarding payment of the dues, notice in Annexure-1 was issued by the Secretary of the Cuttack Development Authority to show cause as to why such allotment shall not be cancelled having been made in contravention of the original lease condition of the Government.