The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO.6133 OF 2023 Deba Kishore Mishra Petitioner Mr. Partha Sarathi Nayak, Advocate …. State of Odisha and others …. Opp. Parties -versus-
Legal Reasoning
Mr. Jyotirmay Barik, Advocate on behalf of Mr. Dayananda Mohapatra, Advocate (For Opp. Party No.3-CDA) Mr. D.K. Mohanty, Additional Standing Counsel (For Opp. Party Nos.1 and 2) CORAM: JUSTICE K.R. MOHAPATRA Order No.
Decision
ORDER 08.02.2024 4. 1. This matter is taken up through hybrid mode. 2. The Petitioner in this writ petition prays for a direction to the Cuttack Development Authority (CDA) to allow the transfer of Plot No.6F/1105 in Sector-9 of Bidanasi Project Area, Cuttack allotted under discretionary quota in his favour. 3. Mr. Nayak, learned counsel submits that transfer of allotment of plot in favour of the Petitioner is not being entertained in view of the task force report prohibiting the transfer of land allotted under discretionary quota limiting it to the legal heirs only. But the issue has already been decided in the case of Budhadev Mishra –v- Statge of Odisha and others in W.P.(C) No.17315 of 2023, disposed of on 30th January, 2024. In the said writ petition, this Court taking note of the averments made in the counter affidavit filed by General Page 1 of 4 // 2 // Administration and Public Grievance Department, Government of Odisha, Bhubaneswar came to hold as under: “13. The issue in the present writ petition involves grant of permission for 3rd party transfer of the case land, which was allotted in favour of the Petitioner under discretionary quota. It is not in dispute that the Petitioner was not allotted any other plot under the discretionary quota or otherwise. Mr. Nayak, learned counsel also made a submission that at the time of making application for allotment of the case land, the Petitioner had submitted an affidavit stating that he or his family members do not possess any land in CDA area. Considering the same, allotment under the discretionary quota was made. Since the Petitioner had already submitted an affidavit, as aforesaid, on the date of application of allotment of case land, he is not required to submit any subsequent affidavit of acquisition of any subsequent land either by him or by his family members in CDA area, as it is inconsequential for transfer of the case land. 14. So far as the observation in the resolution dated 8th December, 2022 issued by the GA and PG Department, Government of Odisha is concerned, it has been clarified by the Department that the resolution does not prohibit any 3rd party transfer. The resolution has only clarified that single allotment of plot/house/flat under the discretionary quota through fair means following procedure and provisions of allotment shall be out of the purview of the task force. Thus, the allottee and his/her their legal heirs will be out of the purview of task force report. It has also been clarified in the said affidavit that 3rd party transfer of single allotment the under discretion of the Development Authorities. In the instant case, the CDA has to take an independent decision in the matter of 3rd party transfer of the case land, as the case land appears to be out of task force report. 15. In view of the discussions made above, this Court is of the considered opinion that the CDA has the discretionary quota is under Page 2 of 4 // 3 // no impediment to issue application form in favour of the Petitioner for 3rd party transfer of the case land. In case such an application is filed along with the relevant documents and information required, the same shall be considered keeping in mind the discussions made above. It is made clear that the affidavit with regard to acquisition of land by the Petitioner or his family members in the CDA area after the application for allotment of the case land was submitted will be of no consequence for 3rd Party transfer of the case land. Thus, it shall not be insisted upon by the CDA. Accordingly, Letter No.6430 dated 8th May, 2023 (Annexure-9 series) issued by the Secretary, Cuttack Development Authority is set aside.” 4. Mr. Barik, learned counsel being authorized by Mr. Mohapatra, learned counsel for CDA submits that the issue involved in this writ petition is squarely covered by the ratio decided in the case of Budhadev Mishra (supra). 5. Mr. Nayak, learned counsel for the Petitioner, however, submits that in the instant case, 3rd party application form has been issued in favour of land owner and the differential amount has already been deposited before CDA on 16th August, 2014. When the matter was being processed, resolution of the State Government dated 8th December, 2022 (Annexure-B/3 to the counter affidavit) came into operation and transfer of allotment of plot in favour of the Petitioner could not be materialized. In view of the ratio decided in the case of Budhadev Mishra (supra), there is no legal impediment to consider the application of the Petitioner for transfer of allotment of the aforesaid plot in his favour. Page 3 of 4 // 4 // 6. Mr. Barik, learned counsel for CDA does not have any objection to the same. 7. Mr. Mohanty, learned Additional Standing Counsel also submits that the issue involved in this writ petition has already been answered in the case of Budhadev Mishra (supra). 8. Taking into consideration the submissions made by learned counsel for the parties, this Court disposes of this writ petition with a direction to the Secretary, CDA, Cuttack- Opposite Party No.3 to take up the application for transfer of allotment of Plot No.6F/1105 in Sector-9 of Bidanasi Project Area, Cuttack and proceed with the matter keeping in mind the ratio decided in the case of Budhadev Mishra (supra), giving opportunity of hearing to the parties concerned. The entire exercise shall be completed within a period of six weeks from the date of production of certified copy of this order. Urgent certified copy of this order be granted on proper application. bks (K.R. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: BIJAY KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Feb-2024 20:31:45 Page 4 of 4