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2016 Supreme(Ori) 285
IN THE HIGH COURT OF ORISSA, CUTTACK
KUMARI JUSTICE S.PANDA, J.
Patitapaban Panda - Petitioner
Vs.
State of Odisha and others - Respondent
W.P.(C) NOS.17960 OF 2015, 23245 OF 2015, 227 OF 2016, 1334 OF 2016 AND 1425 OF 2016
Decided on : 24-06-2016
For the Respondent: M/s D.Mohapatra, M.Mahapatra, G.R.Mohapatra, A.Dash and B.K.Mukharji, M/s S.K.Nayak-1, D.Nayak, B.P.Swain and Debasmita Nayak, Addl. Government Adocate, M/s A.K.Mohapatra, B.Panda, S.Samal, T.Dash, S.Mohanty, S.Nath, S.Mangaraj and S.K.Barik
For the Intervenors : M/s S.Das, R.P.Dalai, K.Mohanty and S.D.Routray, M/s G.K.Acharya, S.K.Behera, D.P.Mishra, D.K.Naik and S.Behera.
The central legal point established in the judgment is the prohibition of using residential plots for commercial purposes, emphasizing the need to adhere to land use regulations and the terms and conditions of allotment for residential purposes.
Headnote:
Private Hostels - Land Use Violation - Orissa Development Authorities Act, 1982, Sections 2(v), 2(viii), 2(ix), 2(xxviii, 19 - The court addressed the violation of land use regulations under the Orissa Development Authorities Act, 1982, specifically focusing on the definition of 'residential building' and 'commercial use', and the prohibition of using land or buildings in contravention of the development plan. The court emphasized the importance of maintaining the residential nature of the area and the need to adhere to the terms and conditions of allotment for residential purposes.
Fact of the Case:
The petitioner challenged the illegal operation of private hostels in residential areas, alleging violations of land use regulations and creating nuisance. The court considered the impact on public health and the right to peaceful living within the residential area.
Finding of the Court:
The court found that the operation of private hostels in residential areas for commercial purposes violated the terms and conditions of land allotment and created nuisance, affecting the fundamental right to live peacefully. The court emphasized the need for the authorities to take action to maintain the residential nature of the area and address the violations.
Issues: Violation of land use regulations, impact on public health, fundamental right to peaceful living, and the authority's duty to enforce land use restrictions.
Ratio Decidendi: The court held that the use of residential plots for commercial purposes, such as operating private hostels, contravened the Orissa Development Authorities Act, 1982. It emphasized the importance of adhering to the terms and conditions of land allotment for residential purposes and the duty of the authorities to maintain the residential nature of the area.
Final Decision: The court directed the Cuttack Development Authority to expeditiously address the violations and take action against allottees who deviated from the approved plan and terms of allotment. It also instructed the authorities to ensure that town buses do not enter the residential areas, maintaining peace and tranquility.
JUDGMENT :
S.Panda, J.
As all the Writ Petitions involve common questions and parties are same, the matters are taken up for hearing together and are disposed of by this common judgment.
2. W.P.(C) No.17960 of 2015 has been filed by the petitioner challenging the illegal action of opposite party no.5 in running private hostels in the residential area of C.D.A over Plot No.1498/C, Sector-10, C.D.A, Cuttack which is adjacent to the petitioner’s residential house.
2.1 W.P.(C) No.23245 of 2015 has been filed by the petitioner challenging the notice dated 14.12.2015 issued by the Law Officer, Cuttack Development Authority, Cuttack to the Inspector-in-Charge, Markatnagar Police Station for closure of Ladies Hostel running in the building of the petitioner over Plot No.1498/C, Sector-10, C.D.A, Cuttack.
2.2 W.P.(C) No.227 of 2016 has been filed by the petitioner challenging the notice dated 30.12.2015 issued by the Law Officer Cuttack Development Authority, Cuttack directing for closure of the Ladies Hostel running in the building of the petitioner over Plot No.1498/C, Sector-10, C.D.A, Cuttack.
2.3 W.P.(C) No.1334 of 2016 has been filed by the petitioner challenging the show cause notice dated 15.01.2016 issued by the Law Officer, Cuttack Development Authority, Cuttack under Sections 91 (1) and (2(1) of Orissa Development Authorities Act, 1982 in U.C Case No.21 of 2016 for running a Hostel Restaurant over Plot No.11-2B/1095, Sector-11, C.D.A, Cuttack.
2.4 And W.P.(C) No.1425 of 2016 has been filed by the petitioner challenging the notice dated 18.1.25016 issued by the Law Officer, Cuttack Development Authority, Cuttack directing closure of the Boys Hostel running in the building of the petitioner over Plot No.5-B/1667, Sector-10, C.D.A, Cuttack.
3. The brief facts of the cases are that Cuttack Development Authority (CDA) created under Orissa Development Authority Act, 1982 had launched residential plotted scheme being commonly known as ‘Abhinab Bidanasi Project Area, Cuttack’ in order to cater the needs of residential houses in Cuttack City. Under the aforesaid residential plotted scheme various plots were created in a phased manner having different sectors. The plots are being allotted on long term lease basis for residential purposes only. There is a specific condition in the allotment order as well as in application Brochure that the allotted plots shall be used only for residential purposes with certain terms and conditions under the Orissa Development Authorities Act, 1982 (hereinafter referred to as ‘the Act’). However, it is alleged that some owners violating the terms and conditions of the land allotment letter and Brochure issued by Cuttack Development Authority are running private hostels in the residential area for commercial purposes. The moot question in all these Writ Petitions is as to whether residential plots allotted by Cuttack Development Authority in ‘Abhinab Bidanasi Project Area, Cuttack’ can be used for commercial purposes.
4. The petitioner has taken a stand that opposite party no.5 has violated the terms and conditions of allotment order as well as the approved plan, which creates nuisance in the residential area. The petitioner espouses the cause of all the local residents, who are being affected by air, noise and water pollution and all these are in the interest of public. The petitioner has fundamental right to live peacefully and in a good condition within the residential area specified by the authorities as per the statutory provisions. The petitioner has made a complaint before the C.D.A authorities regarding the nuisance created due to utilization of residential building as hostel and the Town Buses, which are running in the area not only creates sound and air pollution but also endanger to the life of the small children, who are playing nearby. However, the C.D.A authorities have not taken any action. His constitutional right has been affected due to inaction of Cuttack Development Authority.
