JUDGMENT

A. K. GANGULY, J. — This writ petition has been filed chal¬lenging the order dated 6.2.2006 passed by the Bhubaneswar Devel¬opment Authority, opposite party No.1 (hereinafter called “B.D.A.”). By the said order the Planning Member of B.D.A. informed one Tapan Kumar Mohanty, who claims to be the Managing Director of M/s. Z. Engineers Construction (P) Ltd., the petitioner-company that its application filed on 19.10.2005 for construction of a residential/commercial S+8 storied building cannot be considered for certain reason mentioned in the said order. The reasons for non-consideration of the petitioner’s application is that the plot is located in the green belt/Commercial zone as per the C.D.P. of Bhubaneswar. The other reasons is that the building plan is not in conformity with Rule 70(8) of Bhubaneswar Develop¬ment Authority (Planning & Building Standards) Regulations, 2001 (hereinafter referred to as “Regulations, 2001”).

2. The material facts of the case are that for construc¬tion of a S+8 residential building over plot No.264(P), 265 in Mouza Chandrasekharpur in Bhubaneswar, a plan is stated to have been submitted on 4.7.2002 by the petitioner in the prescribed form un