SAMIR MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) THIS writ petition has been filed by way of public interest litigation by the petitioner who is claiming to be a social activist working for the cause of the general public in various fields representing the interest of the public at large challenging the action of the State Government in transferring a vast extent of land at Baramunda, Bhubaneswar, the prime locality of the State capital having an area of Ac. 14.430 decimals at Baramudna, Bhubaneswar, over which the inter -state and intra -state bus stand is operating, to a private company i.e. opposite party no.5 which has been designated as Concessionaire and opposite party no.6 as preferred bidder vide agreement dated 16.3.2011 by creating a permanent lease in their favour for a period of 90 years from the date of completion of the construction for the alleged commercial facility which includes residential and shopping complex to be constructed over 40% of the lease hold land and the rest 60% of the lease hold property for a period of 15 years over which the alleged Modern Bus Terminus will be constructed by opposite party no.5 hereinafter called 'the Company' in short, having unfettered, perennial right of collection of the entry fees, user charges from the buses and parking fees from the visiting cars and other vehicles to be entered into the proposed Bus terminus. It is stated that the grant of leas hold rights for a period of 90 years in favour of a Company is detrimental to the interest of the State and therefore, the said action of the State Government has created unrestricted scope in favour of opposite party nos.5 and 6 to grab the valuable state property at the behest of none else than the State Government. Therefore, the petitioner has filed this Public Interest Litigation alleging that public interest at large is affected and there is violation of rule of law in executing the agreement dated 16.3.2011 which is produced at Annexure -11 and sought for quashing of the same as the same is contrary to public policy and violative of the constitutional mandate under Article 299 of the Constitution of India and the provisions under the Transfer of Property Act, Indian Registration Act and Indian Contract Act etc.

(2.) THE brief facts of the case are stated for the purpose of considering the rival factual and legal contentions with a view to find out as to whether this petition has to be entertained as PIL and relief granted as prayed in this writ petition.

(3.) THE Drawing Plot No.B/135 in Mouza Barmunda in Bhubaneswar City comprising of an area of Ac.14.430 decimals of land originally belong to G.A. Department of the State Government and the said Department is continuing as the owner in possession of the aforesaid vast area. After establishment of the State Capital at Bhubaneswar, rapid growth of the city took place within a very short span of time and hence the area of the old bus terminus which was functioning at Unit -II, Bhubaneswar became inadequate to accommodate large number of buses coming to Bhubaneswar City every day. Due to heavy traffic congestion, in the year 1992, the aforesaid land was leased out to Bhubaneswar Development Authority, which is a statutory body constituted under the provisions of the Orissa Development Authorities Act, 1982, hereinafter called in short 'ODA Act'. After the land in question was leased out to the Bhubaneswar Development Authority, it undertook the development of the bus stand at Baramunda and on completion of such development by obtaining loan from HUDCO, the BDA lease out the bus stand and the structures standing thereon to OSRTC by entering into an agreement on the 1st day of January, 1992 with the sole object of operating and maintaining the bus stand. The aforesaid agreement was executed between the OSRTC and the BDA conferring the lease hold right upon the OSRTC with due permission from the Government. After execution of the aforesaid agreement, the main bus terminus of Bhubaneswar city was shifted to the disputed land at Baramunda, adjacent to N.H.5 which is passing through the middle of Bhubaneswar city. The entire area of Ac. 14.430 decimals of land is being used for the purpose of main bus stand which is being managed by the OSRTC w.e.f. 1992 till today.