Location: High Court of Oris sa, Cuttack Date: 17-Mar-2026 19:49:02 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.19530 of 2023 (Under Article 226 and 227 of the Constitution of India)

Diptikanta Biswal …. Petitioner -versus-

State of Odisha, represented through its Secretary, Department of General Administration and … Opposite Parties Others Advocate(s) appeared in this case:-

For Petitioner : Mr. Amit Prasad Bose, Advocate For Opp. Parties : Mr. R. Pradhan, A.S.C.

Mr. D. Mohapatra, Senior Counsel for O.P. No.2 Mr. Debakanta Mohanty, counsel for O.P. No.3 CORAM: JUSTICE B.P. ROUTRAY

JUDGMENT

17^th March, 2026 B.P. Routray, J.

1. Heard Mr. A.P. Bose, learned counsel for the petitioner, 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. R.

Pradhan, learned ASC for opposite party No.1.

Location: High Court of Orissa, Cuttack Date: 17-Mar-2026 19:49:02

2. The petitioner is the allottee of residential plot No.174 under Kalinga Vihar Housing Scheme (MIG Category). The order of allotment under Annexure-1 was issued on 27^th December 1995.

3. The case of the petitioner is that there is a surplus patch of land behind his plot measuring 40 feet X 35 feet (1400 Sq. Feet) belonging to BDA (O.P. No.2), adjacent to his land and the same is left unused. Accordingly the petitioner made an application on 19^th June 2005 (Annexure-4) to allot said surplus land in his 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 Location: High Court of Orissa, Cuttack Date: 17-Mar-2026 19:49:02 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 petitioner that, the application of the petitioner for allotment of the surplus patch of land dated 19^th June, 2005 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 petitioner has not made any application for allotment of the surplus land in his occupation adjoining to his 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 petitioner has not applied for allotment of the surplus land in his favour but the fact remains Location: High Court of Orissa, Cuttack Date: 17-Mar-2026 19:49:02 undisputed that said surplus patch of land measuring 40 feet X 35 feet is in occupation of the petitioner till date from the date of his allotment of plot No.174. Accordingly he may be permitted to apply to the authority concerned pursuant to the advertisement at Annexure-3 and in such event the case