LINGARAJ INFRASTRUCTURE PVT. LTD. Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing (setting aside) an order dtd. 16/1/2024 (Annexure-1) passed by the Opposite Party No.3(City Planner, Bhubaneswar Municipal Corporation, Bhubaneswar) under Sec. 92 of the Odisha Development Authorities Act, 1982 (in short ODA Act) and to direct the Opposite Parties issuing a writ of mandamus to drop all the consequential proceedings arising out of the said proceeding under Sec. 92 of the ODA Act, 1982.

(2.) According to the petitioner, the petitioner is a private limited company engaged in real estate development. The petitioner company and one Shyam Shree Residency Pvt. Ltd. (M/s. Shyam Shree/Partner Developer) purchased two adjacent plots vide Plot Nos.516/1759 & 516/1759/4921 respectively under Khata Nos.474/4108 & 474/4107 forming an area of Ac.0.650 decimals in Mouza-Patia, Bhubaneswar in the year 2010 through two separate sale deeds (Annexure-2 series) for the real estate development purposes. Since the date of their above purchase, the petitioner and its partner M/s. Shyam Shree Residency Pvt. Ltd are the lawful owners and in possession over plot Nos.516/1759 & 516/1759/4921. The petitioner and its partner Shyam Shree Residency Pvt. Ltd both have mutated to their aforesaid purchased plots to their names and after mutation, separate R.o.Rs..00have already been prepared in their names under Khata Nos.474/4108 & 474/4107 (as per Annexure-3). The total area of both the plots is Ac.0.650 Decimals.

(3.) The petitioner and its partner M/s. Shyam Shree Residency Pvt. Ltd made an application before the Opposite Party No.3(City Planner, Bhubaneswar Municipal Corporation, Bhubaneswar) for an approval of their building plan for construction of a commercial building over their plot Nos.516/1759 & 516/1759/4921 under Khata Nos.474/4108 and 474/4107 in Mouza-Patia. So, as per the requirement of Opposite Party No.3, the Tahasildar, Bhubaneswar (Opp. Party No.4) submitted a demarcation report through its letter dtd. 26/12/2014 vide Annexure-4 confirming the boundaries of the above two plots vide plot Nos.516/1759 & 516/1759/4921 on the basis of measurement by Revenue Inspector in presence the intervenorpetitioner and others. Then, in response to the letter dtd. 29/8/2017 vide Annexure-5 of Opposite Party No.3, the Tahasildar, Bhubaneswar (Opp. Party No.4) vide its letter No.10984 dtd. 28/7/2018 (Annexure-6) submitted report before the Opposite Party No.3 confirming the identity of plot Nos. 516/1759 and 516/1759/4921 along with its demarcation indicating lawful possession of the petitioner and its partner Shyam Shree Residency Pvt. Ltd over the same. Thereafter, again on the asking of Opp. Party No.3, the Tahasildar, Bhubaneswar as per its letter dtd. 14/7/2022 (Annexure-8) submitted report stating about the possession of the petitioner and its partner M/s. Shyam Shree Residency Private Limited over plot Nos.516/1759 & 516/1759/4921 after its proper demarcation. Then, through letter dtd. 9/9/2022 (Annexure-9) Opp. Party No.3 requested Tahasildar, Bhubaneswar (Opp. Party No.4) to confirm the possession of the petitioners and its partner over plot Nos.516/1759 & 516/1759/4921 under Khata No.474/4108 and 474/4107 on the basis of the demarcation made. So, as per letter dtd. 14/9/2022 (Annexure-10), the Tahasildar, Bhubaneswar (Opp. Party No.4) confirmed the possession of the petitioner and its partner M/s. Shyam Shree over plot Nos.516/1759 & 516/1759/4921 in Mouza-Patia on the basis of the demarcation made.