SMT. RAJASHREE GAJENDRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Government in G.A. Department allotted Ac. 1.285 decs. of land in favour of the petitioner. The petitioner approached the Government for allotment of Ac. 1.215 decs. of more land in extent over and above the aforesaid extent of land already allotted. The Government in G.A. Department vide Annexure-39 rejected such representation of the petitioner. The petitioner has, therefore, been obliged to approach this Court for quashing of Annexure-39. She has also prayed for other ancillary and alternative reliefs, more fully described in the prayer of the writ petition.

(2.) Shorn of unnecessary details, the petitioner's case is as follows :- The petitioner is a lady entrepreneur with sufficient experience in Management of Hotel. She has a Hotel in Bhubaneswar in the name and style "M/s. Hotel Ekamra". That is a Registered Unit under the District Industries Centre ('D.I.C' for short), Bhubaneswar. She wanted to establish a 'Janata Deluxe Hotel' keeping in view the demand for hotel accommodations in Bhubaneswar. On 22.12.1997 she got the project of a 'Janata Deluxe Hotel' registered with the D.I.C., Bhubaneswar, vide Annexure-1. The D.I.C., Bhubaneswar, vide letter dated 13.01.1998 (Annexure-2) recommended the project to the Director of Industries, Orissa for approval of the same with request to take steps with the Government in General Administration Department ('G.A. Department' for short) for allotment of Ac. 2.5 decs. of government land in favour of the petitioner for her hotel project. The Director of Industries, Orissa, vide letter dated 08.05.1998 (Annexure-4) moved the Government in Industries Department for follow up action in the matter for allotment of Ac. 2.5 decimals of government land in Bhubaneswar city area in favour of the petitioner. The Industries Department while approving the project of the petitioner by opining it to be a viable project, vide letter dated 04.06.1998, recommended the project to the Department of Tourism and Culture for approval of the same and to take follow up action with the appropriate authorities of the State Government for allotment of Ac. 2.5 decs. of land for the project of the petitioner in Bhubaneswar city area. The Department of Tourism and Culture approved the project of the petitioner and recommended to the G.A. Department vide its letter dated 18.06.1998 (Annexure-5) for allotment of Ac. 2.5 decs. of land in favour of the petitioner so that the project can be grounded.

(3.) After the aforesaid spade work, the petitioner on 20.06.1998 filed application before the Director of Estates (opp. party no. 1) for allotment of an area of Ac. 2.285 decs. of land over plot no. 2292 in mouza Laxmisagar-1, Bhubaneswar for the proposed project. The petitioner, as asserted by her, reliably learnt that the G.A. Department is proposing to allot an area of Ac. 1.285 decs. of land for the project over plot no.2292 (P) in mouza Laxmisagar-1 against her requirement for Ac.2.5 decs. of land. The petitioner, therefore, on 18.08.1998 vide Annexure-7 made a representation to the Chief Secretary (opp. party no.4) for allotment of required extent of Ac. 2.5 decs. of land. The Government in G.A. Department, however, vide order dated 16.03.1999 (Annexure-8) allotted an area of Ac. 1.285 decs. of land over plot no.2292 (P) in mouza Laxmisagar-1 in favour of the petitioner for the project. On such allotment, the petitioner was asked to deposit a sum of Rs. 64,24,264/- towards premium of the allotted land @ Rs. 50,00,000/- (fifty lakhs) per acre. The petitioner accepted the lease of Ac. 1.285 decs. of land, as aforesaid, on protest, as the same was less than the extent of land required by her for the project. The petitioner vide order dated 08.01.2000 (Annexure-9) was allowed to pay the premium in eight half yearly equal instalments of Rs. 8,03,026/- each for the last seven instalments and Rs. 8,03,032/- towards the first instalment. The petitioner deposited the first instalment with the Government on 31.01.2000 and the necessary lease deed in respect of the aforesaid land was executed on 09.03.2000. Subsequently, on 08.06.2000 the lease was registered after obtaining "No Objection Certificate" from the appropriate authorities of the Income Tax Department in Calcutta.