TAPASWINI KAR Vs. STATE

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India for a direction to the opposite parties to allot Government land available in front of the respective houses of the petitioners in Acharya Vihar, Unit -14, Bhubaneswar, in the district of Khurda, and for a declaration that the demolition and construction of fence over the Government land is illegal and arbitrary.

(2.) THE petitioners are the residents of the Acharya Vihar, Unit -14, Bhubaneswar. They have constructed their respective houses over the plots. There is a road which connects the main road from the residential area. The Government land is available in front of the private plots of the petitioners, which cannot be utilized for any other purpose. The petitioners use the vacant plots for their ingress and egress to their respective houses and parking of the vehicles. Some of the petitioners have also planted trees in front of the vacant space. They made an application for allotment of the said Government land in their favour on payment of premium. Without considering their application, a letter was issued on 20.1.2013 wherein it was indicated that the drain earlier planned having been shifted to the lowest contour in the Madhusudan Nagar area and as approved by the Urban Development Deptt., there is no proposal for expansion of 30 ft. wide road available in southern side of private plot of Acharya Vihar. It is further stated that there are several instances where additional lands available in front of the respective houses have been allotted in favour of the persons on payment of premium. As such, there is any justification not to allot the land in favour of the petitioners.

(3.) ONE Sanjib Kumar Mishra, Commissioner, Bhubaneswar Municipal Corporation, has also filed a counter affidavit on behalf of opposite party no.3, which is in terms of the counter affidavit of opposite party no.1.