PRADEEPTA MOHANTY Vs. ROURKELA DEVELOPMENT

JUDGEMENT

(1.) The appellants have filed this writ appeal challenging the impugned common order dated 11.04.2018 passed by the learned Single Judge in O.J.C. Nos. 4859 of 2000 and 4860 of 2000 as well as to quash the letters of cancellation of allotment of shop rooms dated 15.02.2019 vide Annexure-6 series issued by the Secretary, Rourkela Development Authority (Respondent no.2).

(2.) The respondent no.3 Santanu Hota filed O.J.C. No. 4859 of 2000 and the respondent no.4 Binod Kumar Sharma filed O.J.C. No. 4860 of 2000 praying for a direction to Rourkela Development Authority (hereafter 'RDA') to take urgent and immediate steps against the owners of the shop rooms situated in the ground floor of the bus terminal building at Gandhi Road, Rourkela, who were using those shop rooms as restaurants/hotels in gross violation of the terms and conditions of the licence agreement and to ensure that none of the shop owners in the ground floor of the bus terminal building use their shops for any other purpose except for which the same have been allotted.

(3.) The learned Single Judge considering the submissions made by the respective sides, disposed of both the writ petitions as per the impugned common order observing, inter alia, that the authority had no occasion to change the mode of business involving the shop rooms allotted by virtue of advertisement Annexure-7 and having been done so at the cost of the public exchequer, the Court interfered with the action of RDA and further observed that the agreement involving the shop owners particularly the shops involved in changing the run of business would all stand invalid. It is further held that Rourkela Regional Improvement Trust or RDA in charge of the property has changed the type of business involving the shops during the pendency of the writ petition. Accordingly, interfering with the action of the Rourkela Regional Improvement Trust or RDA, the Court directed to seek applications from the allottees intending to continue in the terms and conditions as per the advertisement vide Annexure-7 within fifteen days of receipt of the copy of order. It is further observed that in the event, there is no interest shown by the shop owners to run in the manner involving the advertisement, it would be open to RDA to cancel the allotment of the shop rooms involved therein and to go for fresh advertisement in respect of the shop rooms falling vacant in the process. It is further observed that there is no necessity of giving opportunity to the persons likely to be affected pursuant to the said order.