CUTTACK ORIYA BAPTIST CHURCH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Challenging, inter alia, the action of the opposite parties in not providing a premium free land for construction of a church and a graveyard for the Christians within the C.D.A-Bidanasi Project Area, the petitioners have filed this writ petition.

(2.) Shorn of unnecessary details, the short facts of the case of the petitioners are that after establishment of the CDA-Bidanasi Project Area, some of the Baptists Christians became the inhabitants of the said locality and established C.D.A-Bidanasi Prayer Fellowship under the patronage of Cuttack Oriya Baptist Church, petitioner no.1. Petitioner no.1 was established in 1822 and subsequently certain daughter churches were also established in different parts of the Cuttack town. Markat Nagar otherwise called Abhinab Bidanasi has got no place of worship for Christian minorities. While the matter stood thus, petitioner no.1 filed an application on 18.01.1995 to the C.D.A for allotment of a premium free plot of land. On 4.1.1997, vide Annexure-2, opposite party no.2 allotted a plot of land measuring Ac.0.38 in Bidanasi Project Area at Rs.6,12,560/- excluding the cost for locational advantage. It was directed that final cost of the said land will be intimated at the time of delivery of advance possession of the land. A further direction was made to deposit the said amount with C.D.A at an early date. It was not possible on the part of petitioner no.1 to deposit the said cost of the land. On 2.3.2002, petitioner no.1 deposited a nominal token money of Rs.10,001/- towards the plot with a representation. Since opposite party no.2 did not take any action, petitioner no.1 moved the Lok Pal, Orissa, Bhubaneswar. In the said case, opposite party no.3 appeared. After hearing the parties, the Lok Pal closed the case. It is further stated that in Bhubaneswar, the Government have allotted a plot for the purpose of Church and thereafter a Church has been constructed over the said land.

(3.) Though notice was issued to opposite parties 2 and 3 by special messenger, no counter affidavit has been filed.