DUSMANTA KISHORE SWAIN Vs. CUTTACK DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner challenging the cancellation order dated 06.06.2007 of the allotted plot No.575 -C 1 in Section -8, under Annexure -15.

(2.) THE brief facts of the case are that the writ petition as delineated is that the petitioner, who is working as a Senior Account Assistant in the office of the Cuttack Development Authority initially in response to the advertisement published in the local daily Oriya newspapers, made an application on 11.01.1989 in prescribed form for an allotment of a plot of land in the category of 'E' measuring an area 1200 sq.ft. on lease basis and deposited a sum of Rs.4,256/ -. Accordingly, the application of the petitioner was considered and opposite party no.4 issued a provisional allotment letter on 20.05.1989 in favour of the petitioner requiring him to deposit @ Rs.450/ - in 48 installments with effect from 30.06.1989 till 31.05.1993. Accordingly, the petitioner had deposited the balance amount of all installments towards the lease premium and on 18.03.2000, opposite party no.4 issued a letter intimating the petitioner that he has been allotted 'E' category of plot bearing No.E -309 in Sector -7 of Bidanasi Project area but the said plot cannot be allotted since it was subsequently detected that the allotted plot was "Forest Kisam" land and it attracts the provisions of the Forest Conservation Act and that steps have already been taken for de -reservation of the land allotted to the petitioner and it may take some more time to get clearance from the Government of India. Therefore, the petitioner was asked to exchange his allotted plot in Sector -XI and to give his option to avail the plots in Sector -XI of Bidanasi Project area in exchange of land allotted in Sector -7. Thereafter the petitioner made an application with a request to allot the vacant Plot No.8 -3C/563 in Sector -VIII on payment of balance cost which is a 'C' category plot, i.e., 2400 sq.ft. The petitioner further made an application to the Vice Chairman on 25.06.2005 for allotment of Plot No.575/C -1 in Sector - VIII of Bidanasi Project Area in exchange of earlier allotted plot. Taking into consideration the application of the petitioner, opposite party no.4 issued a letter on 29.05.2006 (Annexure -6) allotting him a residential plot bearing No.575/C -1 in Sector -VIII (Drawing No.CDA (PL)B -12/2004) measuring 2400 sq.ft. in exchange of earlier plot allotted and directed him to deposit the balance net amount of Rs.2,57,928/ - as well as a sum of Rs.3,000/ - towards the documentation charges and possession handing over freeze. Accordingly, the petitioner deposited the same and allotment was issued on 29.05.2006. The petitioner after getting peaceful possession of the said allotted land applied for permission for construction of double storied building over the said land. After getting permission under Annexure -8, the petitioner took water supply from the Cuttack Development Authority project office and sewerage connection was also sanctioned in favour of the petitioner. Ultimately, the petitioner taking loan from the Housing Development Finance Corporation Limited started construction of the house over the said plot. Initially one Advocate, namely, Nirmal Ranjan Routray had filed a Misc.Case bearing No.851 of 2006 in OJC No.6721 of 1999 a public interest litigation with a prayer that the area in Sector -VIII is green belt area for which the present petitioner, who was opposite party no.1 in the said Misc.Case should not have constructed over the said land. Ultimately, the petitioner, Nirmal Ranjan Routray, advocate, withdrew the said Misc. Case No.851 of 2006 filed by him and when the matter stood thus, opposite party no.4 issued a letter on 03.04.2007 by the order of the Vice -Chairman to the present petitioner to stop further construction of the said plot as some enquiry was contemplated. The enquiry was conducted over the same and according to the petitioner after such enquiry, the land so allotted to the petitioner was cancelled, without considering the consequential effect of the construction of the building by spending a huge amount of money for purchase of the land and incurring huge loan for the same. The said order of cancellation vide Annexure -15 has been passed on the following grounds:

(3.) THE petitioner challenges the cancellation contending that he has initially got a land on proper application and paid the money but due to the reason stated that the land could not be allotted to him for which he was given option to take another land which was exercised. But instead of taking 'E' category plot he obtained 'C' category and paid all the money. The allotment was made by the Vice -Chairman he has been given the land and according to him there is no application found pending on the date on which the petitioner was given 'C' category of plot and he refers to Annexure -16 which shows the list of allotment of plots in the newly carved out plot in Sector -VIII and some other sectors which have been relocated after the allotments were found to be in forest area. According to the petitioner there is no reason why his land was cancelled, for which, he has filed this writ petition. This Court vide its order dated 12.6.2007 passed the following orders: