IMPORTANT POINT
In judicial review, Court cannot act as if sitting in appeal.

Judgment :

1. The question that arises for reconsideration in these Appeals is whether the methodology adopted by Bhubaneswar Development Authority (hereinafter shall be referred to as 'BDA') in allotment of 45 plots situated within the city of Bhubaneswar to the citizens of Orissa on "First Come First Served" basis on out-right purchase, can be said to be just, proper and legally tenable method.

2. Advertisements were issued by the Appellants on 07.01.2000 in daily local newspapers published in Orissa namely, 'The Samay', 'The Samvad' and 'The Dharithri', having wide circulation, for allotment of plots, on the terms and conditions mentioned in it, which we shall deal with later.

3. The advertisement shows that 45 plots were available for allotment on "First Come First Served" basis under the Scheme framed by BDA, having a plot size of 2400 sq.ft. (60' X 40') in Chandrasekharpur residential area at a cost of Rs.2.40 lakhs only that is at the rate of Rs.100/- per sq.ft. The advertisement further contemplates that the persons interested in out-right purchase would get priority in allotment of plot and they had to submit a bank draft drawn on Oriental Bank of Commerce, BDA Branch, Akash Sova Building, Bhubaneswar. It further contemplates that the Applications could be submitted on plain paper with the original Challan but general terms and conditions of allotment of plots, applicable to other schemes would be applicable to the present Scheme launched by BDA.

4. Pursuant to the aforesaid advertisement, having been issued in the three daily local newspapers of Orissa as mentioned hereinabove, on 07.01.2000, 58 applicants deposited full amount together with application and other prescribed details on out-right purchase. Three applicants submitted their applications on 08.01.2000 and one each on 10.01.2000 and 11.1.2000 along with a sum of Rs.2.40 lakhs each.

5. The 'Prajatantra' newspaper had published a news-item under the heading 'BDA's Millennium Deceit'. The said publication indicates that it has criticised the manner and methodology under which the 45 plots were sought to be allotted to the applicants. It alleged that it was with an intention to benefit the pre-determinated and pre-decided close persons of BDA's officials. It further suggests that such an action of the BDA calls for high level inquiry into the matter.

6. On account of the aforesaid news-item having been published in the 'Prajatantra' newspaper, a letter was addressed by the Secretary to the Lokpal of Orissa on 15.01.2000 to the Vice Chairman, Bhubaneswar Development Authority. He wanted to have a copy of the original advertisement in respect of the plotted development scheme mentioned therein. He also wanted a copy of the earlier advertisement in respect of the core housing scheme at Jayadev Vihar square for the kind perusal of the Hon'ble Lokpal. This letter was issued after the initial discussions were held between the Secretary and Lokpal on earlier occasion. But nothing happened thereafter for a long time.

7. On 16.05.2000, Secretary of the Department of Urban Development, Government of Orissa, gave a proposal to BDA to cancel the process of allotment of plots. The matter was placed before the BDA in its 76th Authority Meeting held on 16.05.2000. It was taken up as Item No.23/76. Various pros and cons of the same were discussed by the BDA on the said date. Thereafter, a conscious decision was taken by the BDA on the same day which reads as under :

"Item No.23/76 : Allotment of left over plots in Niladri Vihar, Chandrasekharpur. The Committee decided that under the above circumstances it is better to cancel the total process and return the deposited money to all the applicants with interest @4.5%. Fresh applications be called for by re-advertising these plots @ Rs.100/- per sq.ft. The applicants shall deposit EMD & balance within 15 days of allotment. One month time shall be given for receipt of application after which on lottery basis allotment shall mad