PATITAPABAN PANDA Vs. STATE OF ODISHA AND OTHERS

JUDGEMENT

(1.) As all the Writ Petitions involve common questions and parties are same, the matters are taken up for hearing together and are disposed of by this common judgment.

(2.) W.P.(C) No.17960 of 2015 has been filed by the petitioner challenging the illegal action of opposite party no.5 in running private hostels in the residential area of C.D.A over Plot No.1498/C, Sector -10, C.D.A, Cuttack which is adjacent to the petitioner's residential house.

(3.) The brief facts of the cases are that Cuttack Development Authority (CDA) created under Orissa Development Authority Act, 1982 had launched residential plotted scheme being commonly known as 'Abhinab Bidanasi Project Area, Cuttack' in order to cater the needs of residential houses in Cuttack City. Under the aforesaid residential plotted scheme various plots were created in a phased manner having different sectors. The plots are being allotted on long term lease basis for residential purposes only. There is a specific condition in the allotment order as well as in application Brochure that the allotted plots shall be used only for residential purposes with certain terms and conditions under the Orissa Development Authorities Act, 1982 (hereinafter referred to as 'the Act'). However, it is alleged that some owners violating the terms and conditions of the land allotment letter and Brochure issued by Cuttack Development Authority are running private hostels in the residential area for commercial purposes. The moot question in all these Writ Petitions is as to whether residential plots allotted by Cuttack Development Authority in 'Abhinab Bidanasi Project Area, Cuttack' can be used for commercial purposes.