CHAITANYA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and the learned Addl. Government Advocate.

(2.) THE dispute involves in this writ petition is that the petitioners were settled with Ac. 1.00 of land each from out of the lands found as ceiling surplus under the Orissa Land Reforms Act, 1960 in mouza Bidanasi, Sadar Cuttack by virtue of orders passed on their respective applications. However, the said lands along with other lands were acquired under the Land Acquisition Act, 1894 by publication of notices under Sections 4 and 6 thereof. Appeals and revisions were filed against the orders by which the petitioners were settled with the said lands. Ultimately, the petitioners preferred various writ petitions individually before this Court and upon the writ petitions being allowed, the State of Orissa moved the Supreme Court in Civil Appeals against the orders passed in the writ petitions. The Supreme Court by its order dated 31.7.2003 allowed the Civil Appeals directing to take up the proceedings de novo and if the authorities concerned find the petitioners to be eligible for grant of lease, their case may also be considered in accordance with law along with other eligible persons.

(3.) LEARNED Counsel for the C.D.A. submits that since the land in question along with other properties have already been delivered to the C.D.A. which has already invested huge amount of money and has developed the said lands including construction of drainage system etc. it would be inequitable to allow the prayer of the petitioners by directing the C.D.A. to stop work on the land. He further submits that the land having now been included within the Cuttack Municipal Corporation, provisions of the O.L.R. Act will not be applicable to the said lands.