Location: High Court of Oris sa, Cuttack Date: 17-Mar-2026 19:06:41 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.19532 of 2023 (Under Article 226 and 227 of the Constitution of India)

Managobinda Moharana …. 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

9^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 19:06:41

2. The petitioner is the allottee of residential plot No.168 under Kalinga Vihar Housing Scheme (MIG Category). The order of allotment under Annexure-1 was issued on 8^th January, 1996.

3. The case of the petitioner is that there is a surplus patch of land behind his plot measuring 40 feet X 52 feet (2080 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 in the year 1999 vide Annexure-6 series and subsequent thereto on different dates. 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.

Location: High Court of Orissa, Cuttack Date: 17-Mar-2026 19:06:41 Pursuant to the advertisement at Annexure-3, the petitioner made an application at Annexure-4 series for allotment of the additional adjacent land measuring 40 feet x 52 feet along with depositing the processing fee of Rs.5000/-.

4. It is submitted by Mr. Bose, learned counsel on behalf of the petitioner that, admittedly his application for consideration of allotment of the said additional land contiguous to his residential plot No.168 is still vacant and left un-used by the authority, which is in possession of the petitioner since the date of allotment of his land in Plot No.168. According to Mr. Bose, by keeping pending his application for allotment of the additional land since 2021 along with acceptance of the processing fee deposited by the petitioner, and being the owner of the contiguous plot, the petitioner has an expectation legitimate on his part for getting such addition land in his favour. It is also submitted on behalf of the petitioner that BDA has allotted such addition patch of lands on payment of price by some of the plot owners, viz., Plot No.169 and 178.

5. Mr. Mohapatra, learned senior counsel for BDA submits that the decision to allot such additional lands pursuant to the advertisement under Annexure-3 is yet to be taken by the authority subject to such Location: High Court of Orissa, Cuttack Date: 17-Mar-2026 19:06:41 terms and conditions prescribed in Annexure-3 and such other conditions to be fulfilled as per the decision of the authority. Mr. Mohapatra further submits that the petitioner is a sheer