JUDGMENT :

Dr. Dhananjaya Y. Chandrachud, J

1. Delay condoned.

2. Leave granted.

3. This appeal arises from a judgment of a Division Bench of the High Court of Orissa dated 12 January 2018.

4. On 30 September 1981, a lease of a plot bearing No F/37 admeasuring 75 feet by 100 feet described as Drawing No BS-136 (R) Mouza-Nayapalli, Bhubaneswar, was granted to the respondent by the State Government in the General Administration Department [“GA Department”] for a period of ninety years under the Government Grants Act 1895. On 18 July 2003, the State government formulated a scheme to allow conversion of residential leasehold plots under the GA Department within the area of Bhubaneswar Municipal Corporation into freehold land. The policy, inter alia, contained the following condition:

“Lessees who have encroached or unauthorisedly occupied government land anywhere within Bhubaneswar municipal corporation limits would not be eligible to be covered under the scheme unless they vacate the unauthorised occupation.

5. On 15 September 2003, the respondent applied for conversion of the leasehold plot to freehold. In response to the application, the Revenue Inspector in the GA Department recorded o