PRASANNA NARAYAN SARANGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner assails the order of the Government of Orissa in the General Administration Department vide Annexure 6 directing him to give up the unauthorised possession of the land beyond his leasehold area.

(2.) The petitioner's case is, he was allotted a Government plot bearing No. BJ-12 measuring an area of 78'(m) x 80'(m) in the Kalpasa area, Bhubaneswar on lease basis. The plot being a corner plot having roads on three sides of it, he paid on extra 10% of the premium at the rate of Rs. 80,000/- per acre. Pursuant to the agreement dated 27-3-84 (Annexure 2), he took delivery of possession of the plot on 9-5-84-Annexure. In course of time, he constructed the ground floor after requisite permission from the Bhubaneswar Development Authority. For construction of the first floor he approached the Development Authority for permission. The said Authority on verification found the petitioner to have possessed certain land beyond the lease-hold area. The Bhubaneswar Development Authority (for short, the 'B.D.A.') informed the Government of such unauthorised possession vide Annexure 4 dated 23-5-91. It requested the Government either to settle the excess land or to take steps for eviction. The petitioner on being informed of this, by his letter dated 24-5-91 under Annexure 5 informed the Government that he had not gone beyond the area shown in the map, Annexure 1 and even if it was found, he had so done, he should be settled in respect of that excess land. Government by their letter dated 21-3-92 under Annexure 6 informed the petitioner to vacate the land. The petitioner assails the said order of the Government as arbitrary and violative of the principle of natural justice.

(3.) The Government in their counter-affidavit claim that the total area under possession of the petitioner is found to be Ac. 0.267 decimals out of which the excess area works out as Ac. 0. 113 decimals which the petitioner has to vacate since this amounts to unauthorised possession.