The refusal of land conversion from agricultural to non-agricultural was invalid as it was based on an unfinalized Comprehensive Development Plan, affirming the right to conversion in a residential zone.

JUDGMENT :

B.P.ROUTRAY, J.

1. Heard Mr. S.S. Mohanty, learned Advocate for the Petitioner, Mr. K. Das, learned Additional Standing Counsel for the State- Opposite Parties 1 to 4 and Mr. J. Barik, learned counsel for Opposite Party No.5.

2. The writ petition is directed against order dated 01.03.2024 passed by the Sub-Collector, Sadar, Sambalpur in OLR Appeal No.01 of 2021 under Annexure-6.

3. The Petitioner is a resident within Sambalpur Municipal Corporation area and applied for conversion of his land measuring area Ac.0.06 decimals as homestead. The case land is presently in the status of agricultural land. The prayer for conversion was rejected on the ground that the land in question, i.e. Plot No.1409/3989 under MS Khata No.644/912 measuring area Ac.0.06 decimals of mouza-STU No.5, Sakhigopinath in Sambalpur Town is coming within the proposed road of SDA. Initially a patch of land measuring Ac.0.60 decimals was applied for conversion by the Petitioner for non- agricultural purpose before the Tahasildar in OLR Case No.643 of 2017. The Tahasildar allowed the conversion in respect of Ac.0.54 decimals and refused in respect of Ac.0.06 decimals on the ground that proposed road of SDA falls on such part of the land. The Petitioner then preferred appeal before the Sub-Collector and the Sub-Collector in the impugned order dated 01.03.2024 confirmed the direction of the Tahasildar. The same is the subject matter of challenge in the present writ petition.

4. Before delving into the facts of the case, it needs to be mentioned that, conversion of the land from agricultural purpose to non-agricultural purpose is governed by the provisions contained in Section 8-A of the Odisha Land Reforms Act, 1960 (in short, “OLR Act”). Sub-Section (1) of Section 8-A of the OLR Act prescribes for conversion of any agricultural land belonging to a raiyat for any purposes other than agriculture upon satisfaction that such conversion shall not violate any master plan, improvement scheme, development plan or town planning scheme, made or published under the Odisha Town Planning Improvement Trust Act, 1956 (Odisha Act 10 of 1957) or under the Odisha Development Authorities Act 14 of 1982 or under any law for the time being in force and applicable to such land; and any other condition as may be prescribed for the purpose of dealing with bona fide cases of such conversions.

This being the provision of law governing the field, the case of the Petitioner for conversion of the land for non-agricultural purpose is to be considered in the wake of the reasons given in the impugned orders.

5. Admittedly the case land falls within Sambalpur town area. There is no quarrel over the fact that the land is surrounded by residential areas and residential houses. According to the Petitioner, when conversion of the land to the extent of area Ac.0.54 decimals has been allowed out of the same patch, no reason is left there to refuse in respect of area Ac.0.06 decimals on the ground that the same is falling in the proposed road of Sambalpur Development Authority (“SDA”). In this regard, the Petitioner got RTI information from the authority disclosing that, the Comprehensive Development Plan (“CDP”) of Sambalpur is at draft stage and yet to be finalized. Said RTI information is dated 19.07.2024 and it is fairly agreed by learned counsel for SDA that CDP has not been finalized till date.

6. The SDA has filed its counter. In the counter, it is specifically mentioned in paragraph 4 that, “Though CDP has not attained finality but there being proposal for road covering part of the plot, SDA felt it appropriate to inform the matter to the OLR authority for their consideration and for appropriate order.” It is further stated