SATYAJIT MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Writ Petition has been filed with a prayer to issue writ of mandamus directing opposite parties to release the order of allotment of a plot in Prachi Enclave, Chandrasekharpur, Bhubaneswar at the approved cost as per the Scheme (Annexure 1) within a specific time. The further prayer of the petitioner is to direct opposite parties to calculate the cost of the plot as decided by the Bhubaneswar Development Authority (for short, 'BDA ') vide order dated 27.11.2007 of the Hon 'ble Minister cum Chairman, BDA under Annexure 10 read with the policy decision taken in the proceeding dated 20.10.2008 under Annexure 13 to the Writ Petition.

(2.) PETITIONER 's case in a nutshell is that in 2002, opposite party No.2 BDA introduced a new plotted development Scheme at Prachi Enclave, Chandrasekharpur, Bhubaneswar for allotment of 225 plots. In 2003 due to terrestrial change in the field, 9 extra plots were carved out. On 31.12.2003, petitioner made an application to opposite party No.2 for allotment of a plot of land in his favour out of discretionary quota of the Chairman on payment. On 29.01.2004, Hon 'ble Minister, Urban Development cum Chairman, BDA (for short, 'the Chairman ') directed the Vice Chairman, BDA to allot a plot of land measuring 2400 square feet each to six persons including the petitioner. On 28.02.2004, petitioner represented before the authorities as well as the Chairman for issuance of necessary instructions to the Vice Chairman, BDA for release of allotment order in favour of the petitioner. On 03.04.2004, petitioner again filed an application before the Chairman, BDA to issue instructions to the Vice Chairman and Secretary, BDA to release allotment order as per the decision taken. Due to non responsiveness of the opposite party authorities, petitioner filed complaint before the Hon 'ble Lokpal on 09.08.2005 vide Lokpal Case No.548 LY(A) 2005 ventilating his grievances regarding allotment of land. On 09.03.2007, the Hon 'ble Lokpal directed the BDA to follow guidelines dated 03.01.2007 regarding allotment of plots under discretionary quota. On 22.06.2007, the Hon 'ble Lokpal directed for consideration of petitioner 's application for allotment of a plot under discretionary quota as per guideline dated

(3.) MR .Mishra referring to Annexure 15 submitted that several persons have been allotted with plots in Prachi Enclave under discretionary quota. Clause 8 of the BDA (Procedure for allotment of Assets) Scheme, 2010 (for short, "BDA Scheme, 2010 ") provides for discretionary quota not exceeding 10% but the Scheme is prospective in nature. Referring to Annexure 19, Mr.Mishra submitted that there are persons, who have been allotted with plots and houses under discretionary quota during 01.04.2004 to 31.10.2011 along with cost of land charged. The petitioner cannot be discriminated to pay a different cost which is much higher than the brochure cost. It is further submitted that an advertisement has been published in local Daily "Dharitri " on 01.05.2012 for auction sale of eight numbers of residential plots at Prachi Enclave Developed Plotted Scheme in Chandrasekharpur at the rate of Rs.1200/ per squire feet as upset price.