SAKHIBEWA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The challenge in the present petition is to an order dtd. 1/3/1984 passed by the Special Officer and Competent Authority, Urban Agglomeration, Cuttack in ULC Case No.96 of 1976 and to an order dtd. 5/5/1987 passed by the Member, Board of Revenue, Orissa, Cuttack in ULC Appeal No.164 of 1984.

(2.) Earlier, the present Petitioners had filed OJC No.2550 of 1987 challenging the same impugned orders. On 1/11/1991, the said writ petition was dismissed for non-prosecution. When the Petitioners filed M. J. C. No.10 of 1994 on 7/1/1994 seeking restoration of OJC No.2550 of 1987, the application was dismissed with a liberty to the Petitioners to file a fresh petition. Thereafter, the present petition was filed.

(3.) By an order dtd. 30/7/2009, this Court allowed the writ petition primarily on the ground that the taking over of the Petitioners' land under the Urban Land (Ceiling and Regulation) Act, 1976 (ULC&RA) was no longer legally sustainable after the repeal of the ULC&RA by the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (ULC&RRA). Accordingly, a direction was issued that the land belonging to the Petitioners should be returned to them.