LAWS(ORI)-2022-8-129

SANJAY KUMAR JENA Vs. STATE OF ODISHA

Decided On August 01, 2022
Sanjay Kumar Jena Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) The present petition was filed on 3/7/2013 as Public Interest Litigation seeking cancellation of the public auction held in 2010 for development of a modern market complex at the entrance of Mahanadi Vihar on PPP mode. The allegation was that the allotment had been made in favour of Opposite Party No.4 in violation of the settled guidelines of the Government as also the Cuttack Development Authority (CDA). The further allegation was that CDA had unauthorizedly handed over excess land to Opposite Party No.4 which had raised unauthorized construction on the plot in question.

(2.) Notice was directed to issue in the present petition on 16/7/2013. On 17/9/2013 a reply was filed on behalf of CDA, in which inter alia it was stated as under:

(3.) In an order dtd. 18/9/2014 the Court noted the allegation of the Petitioner that Opposite Party No.4 was "in connivance" with CDA and raising construction on the land. The Court then directed "in view of the nature of allegation made, we direct the CDA to cause an inquiry into the matter and in case the allegation of illegal construction by the Opposite Party No.4 M/s. SGBL (India) Ltd. is found to be true, to take necessary action to prevent the same."