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2012 DIGILAW 444 (ORI)

Jagannath Mishra v. Vice-Chairman, Cuttack Development Authority

2012-10-09

P.MOHANTY, S.K.MISHRA

body2012
ORDER Heard Mr. Mandal, learned counsel for the petitioner and Mr. D. Mohapatra, learned counsel appearing for the opposite party CDA. This writ petition has been filed praying for a direction for regularization of the unauthorized construction made by the petitioner over Plot No. 79(P) and 80 (P) in Hal No. 2015. The facts of the case are that basing on the report of the Planning Member, CDA, opposite party-CDA initiated U.C. Case No.63/96 in respect of the unauthorized construction made by the petitioner. Vide order dated 9.1.2012, opposite party No.2 passed the order for compounding of unauthorized construction on payment compounding fee of Rs. 2765/- within a period of fifteen days. It is submitted by the learned counsel for the petitioner that even after depositing the compounding fee on 15.1.2002 (Annexure-2), the order of opposite party No. 2 not been complied with. Mr. Mohapatra, learned counsel for the CDA produces a copy of the order-sheet of U.C. Case No. 63/96 from which it appears that the Secretary, CDA passed order directing compounding of the unauthorized construction on payment of the compounding fee. But, however, in the meanwhile the Regulation, 2001 came into operation for which it was difficult to execute the order in absence of approved VRS pending in the Government. Admittedly, the UC case was initiated in the year 1996 and the constructions were undertake before the Regulation came into force. The Secretary, CDA already passed the order for compounding on depositing, the fees and the petitioner complied the order by depositing the compounding fee vide Annexure-2. Considering the submissions made by the parties and after going into the copy of the order-sheet of the U.C. Case No. 63/96, this Court directs the opposite party-CDA to regularize the unauthorized construction made by the petitioner over Plot No. 79(P) and 80(P) in Hal 2015 pursuant to the order passed in the U.C. Case. The copy of the order-sheet filed by the Mr. Mohapatra, learned counsel appearing for the CDA be kept on record. The writ petition is disposed of accordingly. Issue urgent certified copy. Petition disposed of.