The court clarified that prima facie evidence suggests adequate grounds exist to proceed with charges, and that the responsibility for plot allotments must be appropriately examined in trial.

JUDGMENT :

Chittaranjan Dash, J.

1. The legality, propriety, and correctness of the order dated 23.11.2024 passed by the learned Additional Special Judge (Vigilance), Bhubaneswar in T.R. Case No.30 of 2014 have been assailed in these Criminal Revisions. Since both CRLREV No.244 of 2025, filed by Bibhuti Bhusan Ray, and CRLREV No.165 of 2025, filed by Prakash Chandra Patra and others, arise out of the same impugned order and involve co-accused challenging identical issues, they were heard analogously and are being disposed of by this common judgment.

2. The background facts of the case are that, on the allegation of corruption by officials of the Bhubaneswar Development Authority (BDA) and the Housing and Urban Development (H&UD) Department in the matter of allotment of ten plots under the scheme “District Centre, Self-Financing Commercial Complex, Chandrasekharpur, Bhubaneswar”, an enquiry was initiated by the Vigilance Department. It was alleged that the plots were allotted to the relatives of the officials without following due procedure and at a rate lower than the benchmark value, causing financial loss to the BDA.

The DSP, Vigilance Cell, Bhubaneswar, lodged an FIR against the Petitioners and others, who had held different positions under the Government during the year 2000. It was alleged that they, by abusing their official positions and entering into a criminal conspiracy, distributed ten Government plots in a prime locality among themselves or in the names of their close relatives at nominal rates, thereby defeating the very purpose of the Government’s alienation of land in favour of the BDA for commercial purposes. Consequently, wrongful loss was caused to the BDA as the plots were allotted at rates far below the prevailing market value.

Pursuant to the report of enquiry by the DSP, Vigilance Cell, the FIR was registered and investigation commenced. In course of the investigation, it was revealed that the Government of Odisha, in G.A. Department, had alienated 35.120 acres of land vide Order No.10474/GA dated 19.06.1989 (modified by Order No.CA/AL(B)-30/93-5829/GA dated 22.05.1998) in favour of the BDA under Mouza-Chandrasekharpur within the Bhubaneswar Municipal Corporation area for establishment of a Commercial Shopping Complex.

The BDA thereafter introduced the above scheme and published a brochure detailing the categories of plots, terms and conditions, payment schedule, and the process of allotment. Applications were invited through advertisement published in “The Samaj” on 28.11.1992. In total, 510 applications were received, and a lottery was conducted on 17.06.1996 for allotment of 224 commercial plots.

It is further revealed that the Chairman of the BDA (being the Minister of Housing & Urban Development) had a discretionary quota of 10% of the total plots. Allotments made under this quota by one Chairman were later cancelled and fresh allotments were made by his successor. Some unsuccessful applicants challenged the allotment process before this Court in several O.J.C. cases, pursuant to which directions were issued for reconsideration, resulting in another lottery conducted on 03.01.2000.

The layout plan was revised multiple times between 1994 and 2001, and ultimately 379 commercial plots were carved out. However, the BDA could not satisfactorily explain the carving out of additional plots in each revision. Investigation revealed that ten vacant plots-Nos. 263(C), 303(D), 263(E), 54, 318(A), 35, 318(B), 317, 263(B/3), a