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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Chitraka Earthmovers & Builders, Chandrasekharpur, Bhubaneswar – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. dispute regarding unauthorized construction (Para 1 , 2 , 3) |
| 2. arguments on denial of regularization (Para 4 , 5 , 6 , 8 , 9 , 10) |
| 3. court's observations on necessary compliance (Para 7 , 11 , 12) |
| 4. decision to allow the writ petition (Para 13 , 14) |
JUDGMENT :
1. Instant writ petition is filed by the petitioner challenging the decision of opposite party No.1 under Annexure-15 in connection with a proceeding in U.C. Appeal No.22 of 2019 initiated under Section 91 (2) of the Odisha Development Authorities Act, 1982 (hereinafter referred to as the ‘ODA Act’ ) on the grounds stated therein.
2. As per the pleading on record, the petitioner is the proprietor of M/s. Chitraka Earthmovers and Builders and the subject-matter in the dispute relates to Plot No.181, Drawing No.B/150 of Mouza-Chandrasekharpur, Bhubaneswar which was allotted in favour of the proforma opposite party No.12 on the basis of a lease deed dated 5th January, 1990. According to the petitioner, after the lease agreement under Annexure-1, subsequent lease arrived on 16th December, 1992 executed by the Director of Estate General, Government of Odisha. It is further stated that after the above paraphernalia
The court upheld the necessity of fair hearing in administrative decisions regarding construction regularization, mandating compliance with procedural principles under natural justice.
The court mandated the Municipality to expeditiously process the pending regularization application for unauthorized construction, emphasizing compliance with statutory timelines and precedents set b....
Judicial intervention is justified when administrative bodies delay the processing of applications, violating statutory requirements for timely decision-making.
The rejection of prior regularization applications under the GRUDA Act negates claims for protection against demolition notices issued by the municipal corporation.
The court established that unauthorized constructions in eco-sensitive areas cannot be regularized post facto, and the right to seek regularization is not available to those who violate planning laws....
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