Petitioners are entitled to apply for the allotment of surplus land they occupy after consideration, directing the authority to process their application fairly within three months.

Judgment :

B.P. Routray, J.

1. Heard Mr. A.P. Bose, learned counsel for the petitioners, Mr. D. Mohapatra, learned senior counsel for Bhubaneswar Development Authority (BDA) (O.P. No.2), Mr. D. Mohanty, learned counsel for Bhubaneswar Municipal Corporation (BMC) (O.P. No.3) and Mr. T.K. Dash, learned AGA for opposite party No.1.

2. Petitioner No.1 is the allottee of residential plot No.166 under Kalinga Vihar Housing Scheme (MIG Category). The order of allotment under Annexure-1 was issued on 9^th August, 1995.

3. The case of the petitioners is that there is a surplus patch of land behind their plot measuring 40 feet X 58 feet (2320 Sq. Feet) belonging to BDA (O.P. No.2), adjacent to their land and the same is left unused. Accordingly petitioner no.1 made an application on 31^st May, 2004 to allot said surplus land in their favour.

4. In the year 2020 an advertisement dated 30^th December, 2020 was issued by the BDA proposing to dispose of un-allotted cut piece lands available to the allotted house / residential / commercial plots within the housing / plotted development / commercial scheme under the BDA with such specified terms and conditions, inter alia, that the left out patches of land within the buildable area of the scheme cannot be used otherwise or developed as independent residential or commercial plots, which may be considered for allotment to the land owner who has a plot contiguous or adjacent to it, and the additional land can be allotted on payment of price which is equivalent to double of the present Benchmark value. There are many other stipulations as prescribed under the said advertisement at Annexure-3 including such other criteria to be decided by the authority.

5. It is submitted by Mr. Bose, learned counsel on behalf of the petitioners that, the application of the petitioners for allotment of the surplus patch of land dated 31^st May, 2004 is still pending consideration before opposite party no.2 and in the meantime the advertisement dated 30^th December 2020 under Annexure-3 has been issued. It is true that after issuance of the advertisement under Annexure-3 the petitioners have not made any application for allotment of the surplus land in their occupation adjoining to their plot to the authority till date. But this court while considering cases of some other plot owners in different writ petitions, viz., WP(C) No.19522 of 2023, WP(C) No.19526 of 2023, WP(C) No.19532 of 2023, WP(C) No.19531 of 2023 and other writ petitions, where those respective petitioners had applied for grant of the surplus land in their favour pursuant to issuance of the advertisement under Annexure-3, has passed certain directions to take decision in respect of those petitioners regarding allotment of such surplus lands.

6. Mr. Bose further submits that though the petitioners have not applied for allotment of the surplus land in their favour but the fact remains undisputed that said surplus patch of land measuring 40 feet X 58 feet is in occupation of the petitioners till date from the date of their allotment of plot No.166. Accordingly they may be permitted to apply to the authority concerned pursuant to the advertisement at Annexure-3 and in such event the case of the petitioners may also be considered by the authority appropriately.

7. Mr. Mohapatra, learned senior counsel for BDA submits that the decision to allot such additional lands pursuant to the advertisement under Annexure-3 is to be taken by the authority yet, subject to such terms and conditions prescribed in Annexure-3 and such other conditions to be fulfilled as per the decision of the authority. Mr. Moha