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IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Lingaraj Infrastructure Private Ltd. Bhubaneswar – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. writ petition filed for quashing an order (Para 1 , 2 , 3 , 4 , 5) |
| 2. authority's jurisdiction in halting constructions (Para 6 , 10 , 11) |
| 3. hearing of parties including intervenor (Para 7 , 8) |
| 4. determining authority's jurisdiction in disputes (Para 12 , 19) |
| 5. conditions under which construction may be halted (Para 13 , 18) |
| 6. petition granted, order quashed (Para 21 , 22 , 23 , 24) |
ORDER :
1. This writ petition under Article 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing (setting aside) an order dated 16.01.2024 (Annexure-1) passed by the Opposite Party No.3(City Planner, Bhubaneswar Municipal Corporation, Bhubaneswar) under Section 92 of the ODISHA DEVELOPMENT AUTHORITIES ACT , 1982 (in short ODA Act) and to direct the Opposite Parties issuing a writ of mandamus to drop all the consequential proceedings arising out of the said proceeding under Section 92 of the ODA Act, 1982.
3. The petitioner and its partner M/s. Shyam Shree Residency Pvt. Ltd made an application before the Opposite Party No.3(City Planner, Bhubaneswar Municipal Corporation, Bhubaneswar) for an approval of their building plan for construction of
The planning authority lacks jurisdiction to halt construction based on private land disputes, which must be resolved by civil courts.
A petitioner must establish ownership and prove claims regarding land disputes to secure injunctive relief against construction, particularly when prior judicial outcomes are unfavorable.
Point of law: There is a presumption that public officials would discharge their duties honestly and in accordance with law. Even administrative power to be exercised to fulfill real purpose and not ....
Regulatory powers of NOIDA cannot arbitrarily deny building permits; valid ownership rights must be respected and decisions must be backed by statutory reasons.
The court emphasized that demolition orders under the West Bengal Panchayat Act must come from authorized bodies, prohibiting post facto sanctions for unauthorized constructions.
Actions would be taken to verify that the existing structure is in accordance with the existing Development Permission and only thereafter, Building Usage Permission would be granted.
Regulatory authorities cannot arbitrarily deny building permits without valid statutory reasons, especially when ownership rights are undisputed.
Illegal construction – Demolition of - Executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies o....
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