SUDHAMAYEE ACHARJYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners in this Writ Petition who are residents of Nayapalli area in Bhubaneswar Town, have filed the present Writ Petition in the nature of Public Interest Litigation for quashing the lease and subsequent approval of the building plan and grant of permission made in favour of Opp. Party No. 6 for construction of a hotel over Plot No. B/6 corresponding to revenue plot Nos. 1578 (Part), 1603 and 1602 (Part) in Khata No. 1427 in unit XVI, mouza Jayadev Bihar, Bhubaneswar. The petitioners have further sought for issuance of writ of mandamus directing the Opp. Parties 1 to 5 to strictly follow the master plan prepared under the Orissa Development Authorities Act, 1982 (for short 'O.D.A. Act').

(2.) IT is the case of the petitioners that the above mentioned land was earmarked for construction of a Bus stop in 1974 master plan and the concerned authorities without adhering to the provisions of the statute governing the field and in violation thereof have permitted the Opp. Party No. 6 to construct a hotel over the said land. The petitioners have further alleged that if such a hotel is allowed to be constructed over the plot in question, the same would be facing the residential houses of the inhabitants of the locality and would not only disturb the peace of the locality but also will affect their right of privacy. According to the petitioners, if the hotel is permitted to function in the said site, it would also cause parking problems and will endanger the lives of the small children who use the road in front of the proposed hotel, while going to and returning from the School.

(3.) IN W.P.(C) No. 13624 of 2004 where the petitioner's association has also made a similar challenge to the grant of lease of the land in favour of M/s Hotel Bari International and permission to construct the hotel, the B.D.A., the Proprietor of the Hotel as well as the State of Orissa have filed their counter affidavits and they have adopted the said counter affidavits in the present Writ Application.