DEBENDRANATH KAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) DEBENDRANATH Kar had filed this writ petition alleging that though he is entitled for a plot, the opposite parties are not allotting the same in his favour in exchange of his plot acquired under the Land Acquisition Act. During the pendency of the writ petition, Debendranath died and thereafter his legal representative have been substituted in his place.

(2.) THE case of the petitioner -late Debendranath Kar, in brief, is that the petitioner had purchased a land measuring an area of Ac. 0.60 dec. (11/2 gunths) out of plot No. 676 under Khata No. 102 in Mouza Gandarpur. The said plot was acquired in a Land Acquisition Proceeding in the year 1974 for Sikharpur Housing Scheme. The petitioner immediately made an application to exclude his plot from acquisition in order to enable him to retain the same to construct his small house according to the specifications of the Town Planning Authority under Section 79 of the Orissa Town Planning and Improvement Trust Act, 1956 (in short 'the Act, 1956'). The said application was made by the petitioner in the context of mandatory provisions of Section 78 read with Sections 37 and 34 (2)(iii) of the Act and he had also given an undertaking that he would abide by the terms and conditions to be fixed by the Town Planning Authority.

(3.) AFTER receipt of the allotment order on 3.4.1996, petitioner applied to the Secretary, C.D.A. with a prayer to provide him a 'C category plot at Bidanasi in Sector -7 in lieu of his acquired land measuring 60 dec. and the area of 'C category plot was 59 dec. Further, 'C category plots were available at that point of time. Thus, the petitioner was entitled to a 'C category plot instead of 'F' category plot. The Secretary, C.D.A. rejected the claim of the petitioner for 'C category plot and issued a letter to give his option for 'F' category plot. Since the authority did not allot a suitable plot to the petitioner, this writ petition has been filed.