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2023 Supreme(Ori) 167
IN THE HIGH COURT OF ORISSA AT CUTTACK
S. Muralidhar, M.S.Raman, JJ.
Nanda Kishore Bhuyan & Anr. – Appellants
Versus
Principal Secretary, Housing And Urban Development Department, Government of Odisha & Ors. – Respondents
Writ Petition (C) PIL No. 21682 of 2016
Decided On : 24-01-2023
Sobhna Das, Advocate, S. S. Das, Advocate, Debakanta Mohanty, Advocate
The State Government's delay in taking a definite stand on the issue of notifying Salipur as a Notified Area Council and the Court's directive to the Chief Secretary to personally examine the matter and come up with a decision involving all concerned departments.
Headnote:
Notified Area Council (NAC) - Salipur - The court directed the Chief Secretary to Government of Odisha to examine the matter and come up with a definite decision on notifying Salipur as a Notified Area Council, involving all concerned departments and submitting the decision in the form of an affidavit before the next date.
Fact of the Case:
The issue of notifying Salipur as a Notified Area Council has been pending for nearly seven years, with numerous adjournments sought and granted by the Court. The State Government has not yet filed the required affidavit, leading to further delays.
Finding of the Court:
The Court directed the Chief Secretary to Government of Odisha to personally examine the matter, hold a consultative meeting involving all concerned departments, and come up with a definite decision on the issue, to be submitted in the form of an affidavit before the next date.
Issues: Delay in notifying Salipur as a Notified Area Council, failure of the State Government to take a definite stand, and the need for a consultative meeting involving concerned departments.
Ratio Decidendi: The Court emphasized the need for the State Government to take a definite stand on the issue of notifying Salipur as a Notified Area Council and directed the Chief Secretary to personally examine the matter and come up with a decision involving all concerned departments.
Final Decision: The Court listed the matter for the next date and directed the Chief Secretary to Government of Odisha to submit the decision on notifying Salipur as a Notified Area Council in the form of an affidavit before the next date.
JUDGMENT
1. The issue of notifying the Salipur as a Notified Area Council (NAC), taking into consideration four Gram Panchayats (GPs) viz., Chandradeipur, Balisahi, Barigol and Sisua and seven villages, has been engaging the attention of the Court for nearly seven years now. Numerous adjournments have been sought for by the State Government and granted by the Court. The last adjournment was on 29th November, 2022 when the following order was passed:
'1. Although a written instruction dated 7th October, 2022 of the Under Secretary to the Panchayati Raj and Drinking Water (DW) Department, Government of Odisha has been handed over by Mr. Debakanta Mohanty, learned Additional Government Advocate to the Court, it is necessary for the said stand of the Panchayati Raj and DW Department to be placed formally on record by way of an affidavit.
2. Learned Additional Government Advocate assures the Court that the said affidavit will be filed before the next date. The affidavit will enclose a copy of the report of the Collector, Cuttack that has been called for.
3. List on 24th January, 2023.'
2. No affidavit has yet been filed in terms of the above order. Mr. Debakanta Mohanty, learned Additional Government Advocate again refers to the written instructions received, which only states that the Government has asked to Collector, Cuttack to consult the GPs and villages and submit a report.
3. The Court views this as only contributing to further delays in the matter. The State Government will have to take a definite stand after all these years.
4. In the circumstances, the Court directs the Chief Secretary to Government of Odisha to immediately examine the entire matter himself for which purpose the present paper book with all the pleadings of the parties will be provided to him by the Additional Government Advocate without unnecessary delay. It is expected that the Chief Secretary will hold a consultative meeting involving all the concerned Departments and come up with the definite decision of the Government on the matter. The said decision be placed before this Court in the form of an affidavit before the next date.
5. List on 4th July, 2023. A copy of this order be communicated to the Chief Secretary to Government of Odisha forthwith.
