MANDAKINI SENAPATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition was originally filed by late Mandakini Senapati. She died during the pendency of the writ petition and in her place, her husband Somanath Senapati has been substituted as the petitioner.

(2.) THE facts briefly are that the State of Orissa by a policy decision in the year 1980 81 declared hotel as an 'Industry'. Late Mandakini Senapati applied in the year 1985 for allotment of a land in Bhubaneswar town for setting up a hotel named 'Hotel Ashirbad'. The aforesaid hotel project was provisionally registered with the General Manager, District Industries Centre (for short, 'the D.I.C.') on 11.12.1985. The D.I.C. recommended the aforesaid hotel project to the Director of Industries, Orissa by letter dated 18.1.1986. The proposal, however, was dropped at the level of the Director of Industries as there was a ban imposed by the Government on hotel projects. After the ban was lifted, the proposal was recommended by the Director of Industries, Orissa by letter dated 31.5.1993 to the Government in the Industries Department. The Government in the Industries Department then recommended the proposal to the G.A. Department by letter dated 15.7.1994 for consideration relating to the allotment of land in Bhubaneswar town for the hotel project. No land, however, was allotted. Late Mandakini Senapati moved this Court in a writ petition O.J.C. No. 12604 of 1996 and by order dated 13.12.1996, the writ petition was disposed of with the direction to the authorities to take appropriate action in the matter and to place the proposal before the Industrial Plot Allotment Committee for its consideration. The Industrial Plot Allotment Committee in its meeting held on 20.6.1997 decided to ask Smt. Mandakini Senapati to submit the source of her funds along with recommendations of the D.I.C. and the Orissa State Financial Corporation and the decision was communicated to her by the G.A. Department letter dated 30.8.1997. Late Mandakini Senapati intimated on 10.9.1997 that the Urban Co operative Bank, Bhubaneswar has agreed to finance the project. By that time, the Industrial Plot Allotment Committee was abolished by Government resolution dated 4.8.1997 and instead, the work of allotment of land was assigned to the Site Selection Committee constituted by the G. A. Department. The Site Selection Committee in its meeting held on 25.9.1997 recommended for allotment of plot No. N/5 533, area 60' x 90' equal to Ac. 0.124 decimals in mouza Nayapalli for the hotel project and the allotment order dated 4.12.1997 was issued in favour of late Mandakini Senapati asking her to deposit Rs. 2,48,000/ towards premium at the rate of Rs. 20,00,000/ per acre fixed by the Government order dated 10.4.1992. Late Mandakini Senapati then requested the authorities to revise the rate of premium to the rate prevailing in the year 1985 on the ground that she had applied for land in the year 1985 and that allotment of land was delayed due to no fault of her. She also made a request to allow her to make payment of the premium in instalments as such instalments had been allowed to others. Since the rate of premium was not revised by the Government nor was she allowed to pay the premium in instalments, she filed the present writ petition for directing the opp. parties to charge premium for the land at the rate prevailing in the year 1985 and to allow payment of the premium in instalments as allowed to others. After her death, her husband, Somanath Senapati, has been substituted as the petitioner and a prayer has also been made to direct modification of the order of allotment in favour of Somanath Senapati.

(3.) MR . M.K. Mohanty, learned Additional Government Advocate, on the other hand, relying on the counter affidavit fifed on behalf of the opp. parties 2 and 5 and the correspondence annexed to the writ petition submitted that although late Mandakini Senapati applied for allotment of land for hotel project in the year 1985, due to ban imposed on the hotel project by the Government, the said application could not be processed until 1993 and only after the ban was lifted, the said application was processed and late Mandakini Senapati was finally allotted the land at a premium of Rs. 20,00,000/ per acre fixed by the Government order dated 10.4.1992. Regarding the request for paying the premium in instalments Mr. Mohanty submitted that the said request to pay the amount on instalment basis was considered and rejected by the authorities.