SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1996 Supreme(Ori) 371

DIPAK MISRA, ARIJIT PASAYAT
KHIRODINI SAHOO – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
S.C. Ghose, S. Ghose and R.K. Sahoo for intervention and Amitav Das and B. Mohapatra, for the Appellant; Additional Government Advocate for opp. party No. 1, A.S. Naidu and D.R. Ray for opp. party No. 2 and, for the Respondent

JUDGMENT :

A. Pasayat, J. - Appellate order passed by the Commissioner-cum-Secretary to Government in the Housing and Urban Development Department (in short, 'the Commissioner') in an appeal u/s 91 (2)[wrongly indicated in the impugned order to be u/s 91(1)] of the Orissa Development Authorities Act, 1982 (in short 'the Act') is underchallenge in this writ application by Smt. Khirodini Sahoo (hereinafter referred to as 'the petitioner').

2. Factual backdrop leading to filing of this application is essentially as follows :

On the allegation that the petitioner had constructed her ground floor over a plinth area of 1436 sq. ft. and first floor over a similar area without leaving any set-back, a proceeding was initiated against the petitioner by the Secretary of Cuttack Development Authority (hereinafter referred to as 'the CDA'). It was alleged that such construction was in violation of the plan as approved by the competent authority. Notice in terms of Section 91(1) of the Act, and direction to stop construction in terms of Section 92(1) of the Act was issued, and the petitioner was required to show-cause as to why action for unauthorised construction shall not be taken. Reply to such















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top