GEETANJALI MAHAPATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Instant writs under Articles 226 and 227 of the Constitution of India by the petitioners invoke the extraordinary writ jurisdiction of this Court to overthrow the allotment of Government land by OP No.2 vide Office order No. 2632/CA, Bhubaneswar dtd. 22/1/2021 in favour of OP No.7 as illegal.

(2.) Facts as involved in these two writs are that the petitioner No.2 was allotted with HIG Plot No. K-8-1190(A) under Kalinga Nagar Plotted Scheme measuring an area of Ac.4912 sft (corner plot) on 25. 08.2003 which was subsequently modified by adding the petitioner No.1 as co-allottee on 9. 07.2010. The petitioners were charged at a higher rate for allotment of this plot being a corner plot having roads 30ft. on Eastern side and 200ft. on Northern side, but possession thereof was only delivered for land measuring 4219 sqft. On approval of building plan, the petitioners accordingly constructed one G+3 storeyed building thereon and by paying the land holding tax regularly for the Holding No. 10880 in Ward No. 23. In the year 2009, the petitioners obtained a Revised Residential Layout Plan for Kalinga Nagar(K-VIII) and accordingly, the plot No. 1190(A) belonging to the petitioners was marked in red colour in the said layout plan. According to the petitioners, they left some vacant place in front of the building as per approved plan which is abutting to the 200ft. wide road on the northern side and the petitioners and their tenants/inmates access to the main road through the land to the 200ft. wide road on the northern side and the same is the only passage to approach the existing public road since 30ft. wide road on the eastern side of the plot No. 1190(A) is not accessible for the petitioners because of its downward gradient/slope starting from a height equivalent to the first floor of the existing building of the petitioners.

(3.) In response to the notices, OPNos.1 and 2 have filed their joint counter being supported by affidavit by traversing all the allegations made in the writ, while admitting the allotment of land to OPNo.7 as stated and interalia averring that such allotted land to OPNo.7 is under its possession with construction of the boundary wall and using it as two wheeler parking area and the petitioners used their plots for commercial purpose by constructing a building having access towards 30ft. wide road. It is further stated by OPNo.1 and 2 in their counter that the GA and PG Department being the owner of plot No.2577 have rightly allotted the land under it to OPNo.7 by following due process of law. The petitioners when relying upon Annexure-6 to assert their claim, the Hal ROR of Mouza-Ghatikia has been finally published by the Settlement Authorities on 14. 11.2013 and the CDP map prepared under Annexure-A/2 in Hal Land Schedule indicates the 30ft. wide road in front of the plot of the petitioners and in terms of the order of this Court, a joint demarcation involving the officers of GA and PG Department, BDA, Tahasildar, Bhubaneswar and BMC was conducted on 24/9/2021 in respect of plot No.K-8/1190(A) relating to Kalinga Nagar Plotted Development Scheme, K-8 Mouza-Ghatikia and after measurement, it was found that plot No.K-8/1190(A) has been bounded by compound wall of the length of 69ft. 6' on eastern side, 54ft. on western side, 30ft. on northern side and 30 ft. on southern side and a four storeyed building has been constructed over plot No.1190(A) in which Sanjibani Medicine Store, Jagannath Nillay (Guest House) and Hotel and Restaurant are functioning. It is claimed in the counter that the Petitioner No.2 Bibhas Mahapatra was present at the time of enquiry and he agreed that a 200ft. wide master plan road has been shown in Sabik drawing map which is situated adjacent to the land to OPNo.7. Further, while questioning the locus of the petitioners to challenge the allotment of land to OPNo.7, the OPNos.1 and 2 has prayed to dismiss the writ petitions.