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