NIRAKAR SAHOO Vs. BHUBANESWAR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard Mr. P.K. Sahoo, Learned Counsel for the Petitioner, Mr. J.P. Pattnaik, Learned Additional Government Advocate for O.Ps. 2, 3 & 4; Mr. D. Mohapatra, Learned Counsel for O.P.1-B.D.A. & Mr. A.K. Mishra, Learned Counsel for O.P.5.

(2.) The fact of this case is that the B.D.A. issued notice to the violator for stopping the construction work, copy of which was communicated to the I.I.C., Mancheswar P.S. for information & necessary action. Though the said communication was received by the Mancheswar P.S., no action was taken on the same & not even entered in the Station Diary. It further reveals that the B.D.A. did not pursue the matter & remained silent only after issuing the impugned notice to the LLC, Mancheswar P.S., u/s 2(1) of the Orissa Development Authorities Act, 1982.

(3.) The entire episode shows that the B.D.A. is not serious enough to stop the unauthorized construction, as required under law. They are perhaps of the impression that their part of job is over once copy of the notice is forwarded to the Police Station. The police authorities were also non-responsive to the notice of the B.D.A. & did not take any action on the same. In our considered opinion, unless a coordinated effort is made by the Development Authorities as well as law enforcing agencies, one cannot expect to stop the unauthorized constructions, which are recently rampant. In order to put an end to the allegations & counter-allegations & to curb the maladies of inaction on the part of the law enforcing agency to stop the unauthorized construction, we direct the following:-