SRI. CHITTARANJAN MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, who is a journalist as well as social activist and is resident of Sector-11 of Adarsh Nagar, Abhinab Bidanasi Project Area, C.D.A., Cuttack, has filed this writ petition against the State authorities, Cuttack Development Authority and Cuttack Municipal Corporation with the following prayers:

(2.) The factual matrix of the case in hand is that Cuttack is situated between two rivers, i.e., Mahanadi and Kathojodi and has been facing danger from the said two rivers every year during rainy season, when the same gets flooded. In Sept., 1982, Cuttack city faced difficulties, therefore the Government decided to reinforce the embankment as a protective measure to the city of Cuttack, which is practically the economic and cultural life centre of the State and ultimately the same was constructed. On account of such construction, more than 2000 acres of land became available for development with an idea to have new township which was conceived. Accordingly, township was planned by developing such 2000 acres of land and naming it as Abhinaba Bidanasi, Cuttack. The Cuttack Development Authority was constituted under "The Orissa Development Authorities Act, 1982" with an objective to have a planned and systematic development of areas by preparing plans and undertake works pertaining to construction of Housing colonies, shopping centres, markets, industrial estates and providing public amenities. The new township would be rich in roads, parks and open spaces and would provide all modern infrastructure and facilities necessary for comfortable, clean and hygienic living like draining, underground sewerage, drinking water supply, electricity supply lines, schools, colleges, hospitals, dispensaries, bus-stands, shops and marketing centres etc. in planned way. Accordingly, the project was divided into 12 sectors and as per the plan, development was undertaken by CDA. For giving effect to such project, efforts are to be made by the State Government, CDA as well as Cuttack Municipal Corporation to get maximum unit of land in question, therefore they are collecting premium for allotment of land and also provided the amenities in the locality.

(3.) The construction of wide road of 120 ft. on the embankment of Petanal behind Rotary Eye Hospital upto the end of Sector-10 of Abhinab Bidanasi Project Area for better traffic management was highly essential, hence this application.