ORISSA HIGH COURT : CUTTACK WP(C) No.30721 of 2023 An application under Articles 226 & 227 of the Constitution of India.

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Kiran Projects Pvt. Ltd, Dist-Cuttack … Petitioner.

-VERSUS-

Cuttack Development Authority & Others … Opposite Parties Counsel appeared for the parties:

For the Petitioner : Mr. G. Mukherji, Sr. Advocate Assisted by Mr. S. Acharya, Adv.

For the Opposite Parties : Mr. D. Mohapatra, Sr. Advocate.

Assisted by Mr. P.K. Singhdeo, Adv.

(for Opposite Party Nos.1 & 2)

Mr. Soumyajyoti Biswal. Adv.

(for Opposite Party No.4)

WP(C) No.38997 of 2023 An application under Articles 226 & 227 of the Constitution of India.

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The Kiran Parijatak Enclave Apartment Owner’s Welfare Society, District-Cuttack & Another … Petitioners.

-VERSUS-

Cuttack Development Authority, District-Cuttack &

Others … Opposite Parties Counsel appeared for the parties:

For the Petitioners : Mr. Soumyajyoti Biswal. Adv. For the Opposite Parties : Mr. D. Mohapatra, Sr. Advocate.

Assisted by Mr. P.K. Singhdeo, Adv.

(for Opposite Party Nos.1 & 2) Mr. G. Mukherji, Sr. Advocate Assisted by Mr. S. Acharya, Adv.

(for Opposite Party No.5)

P R E S E N T: HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA Date of Hearing: 24.02.2025 :: Date of Judgment: 10.03.2025

JUDGMENT

ANANDA CHANDRA BEHERA, J.

1. Since both the writ petitions have been filed by the respective petitioners thereof against each other relating to the matter concerning same and one project i.e. Kiran Projects Private Limited, then, both the writ petitions are taken up together analogously for their final disposal through this common Judgment.

2. According to the petitioner in WPC No.30721 of 2023, the petitioner being a private limited company i.e. M/s. Kiran Projects Private Limited entered into a collaboration agreement with land owners Sri Ananda Parija & Sri Goutam Parija as per Annexures-5 & 6 for development of two residential plots specifically indicated in Para Nos.4 & 5 of the writ petition by constructing multi- storeyed/high-rise building comprising of flats/units and after construction, 37% of the built up area and proportionate built up area of the flats would be allocated to the land owners and remaining parts of the built up area would be held by the petitioner for selling of the same to the interested flat buyers. On the basis of such agreement and power of attorney, the petitioner approached Cuttack Development Authority-Opposite Party No.1 (in short CDA) seeking permission for construction of a B+S+4 storeyed residential building and after accepting such request of the petitioner, permission for construction was granted by the CDA (Opposite Party No.1) on dated 13.08.2013 vide Letter No.20602/CDA, file number.PLN-BDP-1480/11 (Annexure-7).

3. On the basis of such permission/authorization of the CDA- Opposite Party No.1, the petitioner started construction of flats on the said two plots since April 2014 and completed the same by August 2016 and the respective flat buyers/owners were given possession starting from October 2016 and the registration process of the flats in favour of the flat buyers started since 31.03.2017. On completion of the sale of the flats and allotment of parking areas to the flat buyers, it was found that, some areas in the stilt floor was available with the petitioner having commercial viability, because, commercial establishments have mushroomed in the area of the said building. When it is found that, some constructions have already been made in deviation to the approved plan of the C.D.A., then, the petitioner as per letter dated 28.11.2018 submitted drawings before the C.D.A. (Opposite Party No.1) under the scheme for regularisation of the deviated constructions and also for using the unused stilt floor for its commercial use. Then, after taking into consideration to the application of the petitioner and on proper verification of documents with spot verification, the Opposite Party No.1 (C.D.A.) granted permission on dated 01.09.2021 as per Annexure-8 to the petitioner for us