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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA, SANJAY KUMAR MISHRA
Surendra Prusti – Appellant
Versus
State Of Odisha, Represented Through The Commissioner-Cum- Secretary To Government, Housing & Urban Development Department – Respondent
| Table of Content |
|---|
| 1. permissibility of construction over government land. (Para 2 , 3) |
| 2. impact of recalled permissions on petitioners' livelihoods. (Para 4 , 6) |
| 3. reservation of alternative sites for the petitioners. (Para 5 , 9) |
| 4. legality of compliance with prior court orders. (Para 7 , 8) |
| 5. disposition without interfering in municipal actions. (Para 10) |
JUDGMENT :
By the Bench;
1. This matter is taken up through hybrid mode.
2. Petitioners, in this Writ Petition, seek for a direction to set aside the notices issued by the Executive Officer Bhadrak Municipality on 6th December, 2016 under Annexure-1 series, whereby permission granted to the Petitioners for raising construction over plot No.339 was recalled.
3. Mr. Mohanty, learned counsel submits that the Petitioners being unemployed youths were granted permission by the Executive Officer, Bhadrak Municipality- Opposite Party No.4 during 1999- 2000 to raise construction over the aforesaid plot to earn their livelihood. Accordingly, the Petitioners constructed shop rooms over the said plot and were earning their livelihood.
3.1 At that juncture, one Jashoda Senapati- Opposite Party No.6, filed OJC No.11815 of 1999 before this Court with
Municipal authorities cannot grant construction permissions on government land recorded for public utility purposes; actions taken without appropriate jurisdiction are unlawful.
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 ....
Court itself is not authorised to approach by way of this petition with no interest of theirs having been left in the property. Moreover, the order of the Collector is based on the lay out plan made ....
The respondent authority is the lawful owner of the Final Plot No. 49 and therefore, unauthorized constructions of tin sheet sheds with iron angles and guarders are without any authority of Rules and....
The main legal point established in the judgment is that unauthorized construction in violation of the sanctioned layout plan and town planning scheme can be directed for removal by the Municipal Cor....
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....
The main legal point established in the judgment is that construction within the jurisdiction of the Gram Panchayat cannot be made without prior written permission, and any construction made in contr....
Permits under forest conservation laws must be obtained prior to any construction or use of land designated as forest or jungle.
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