RESIDENTS DEVELOPMENT ASSOCIATION Vs. STATE OF ODISHA

JUDGEMENT

(1.) THE issue which has fallen for consideration is whether opposite party no.4 -Ajay Binay Institute of Engineering & Technology (ABIT) has encroached on public land and whether the er dated 19.3.2014 passed by the Additional Chief Secretary to the Government of Odisha permitting the said opposite party allotment of five acres of land, in excess of the original allotment of five acres, is justified.

(2.) BACKGROUND facts are as follows. This petition was initially filed against the action of the Cuttack Development Authority (CDA) in allotting plots for commercial purpose in zone meant for institutional purpose. On 9.7.2008, the C.D.A. was directed to submit a report on the question whether the ABIT has encroached upon the CDA land. Sri P.R.Das, Advocate was appointed as Amicus Curiae and the ABIT was made a party to the proceedings. Accordingly, affidavit dated 23.7.2008 was filed by the Planning Member, CDA stating that though five acres of land was allotted to ABIT, it encroached on more land for which the CDA had initiated action against it. Later, it was brought to the notice of the Court that ABIT had filed some petitions on the same issue and a batch of writ petitions was heard and decided on 3.10.2013 by a Division Bench of this Court in W.P. (C) No. 24465 of 2012 (ABIT vs. State of Odisha & ors). It was held that all the contentions of the ABIT may be gone into in a pending appeal by the State Government under the provisions of the Orissa Development Authorities Act, 1982 ( the ODA Act). The operative part of the said order is as follows:

(3.) STAND of the ABIT as evident from its affidavit dated 21.4.2014 and documents annexed thereto is that the CDA vide letter dated 5.12.1996 had proposed to allot 10 acres of land. Vide letter dated 27.1.2001, 5 acres of land was allotted. Though the same was cancelled on 20.3.2001, on direction of the Chief Secretary dated 24.3.2002, the CDA, vide letter dated 11.7.2002, revoked the cancellation, subject to final cost being worked out. On 8.10.2002, additional 5 acres of land was 'provisionally' allotted subject to submission of undertaking by the ABIT to deposit such cost as may be determined. Vide letter dated 3.2.2003, cost was fixed at Rs.8.8 crores approx and after adjusting payment of Rs. 3.48 crores approx, ABIT was required to deposit Rs. 5.35 crores by 31.7.2003 to regularize the matter. The ABIT did not make the deposit and instead filed W.P.(C) No. 11910 of 2003 against the said price fixation and W.P.(C) 3748 of 2008 against denial of injunction by Civil Court in a suit against order of CDA dated 5.2.2008 threatening to dispossess the ABIT from excess land possessed by it. The said proceedings culminated in the above order of this Court dated 3.10.2013 and thereafter the above order of the appellate authority dated 19.3.2014. The ABIT has also relied upon 'rent' deposits to claim 'tenancy' and also raised plea of estoppel.