ORDER 20.07.2018 The petitioner, who is a journalist as well as social activist and is resident of Sector-11 of Adarsh Nagar, Abhinab Bidanasi Project Area, C.D.A., Cuttack, has filed this writ petition against the State authorities, Cuttack Development Authority and Cuttack Municipal Corporation with the following prayers: “a) admit, issue notices to the opposite parties requiring them to file their show cause/counter to the above writ petition within a stipulated period; b) call for the relevant records and documents from the custody of Cuttack Development Authorty and Cuttack Municipal Corporation; c) after perusing the pleadings of both the parties and relevant papers and documents as well as after hearing both the parties, allow this writ application; d) And issue a writ in the nature of mandamus or any other writ against the opposite parties directing them to prepare a plan for construction of an approaching wide road of 120 ft. from the back side of Rotary Eye Hospital prior to Sati Chaura Road up to Sector-10 on the embankment of Petanal (Northern side of Abhinaba Bidanasi Project Area) and accordingly, the State Government may also be directed to provide the funds for construction of the said road for better Traffic Management within a stipulated period, since there is no such facilities for the residents of Abhinab Bidanasi Project Area; e) And pass any other appropriate order(s) as deems proper and fit in the interest of justice; f) And for which act of your kindness, the petitioner as in duty bound shall ever pray.” 2. The factual matrix of the case in hand is that Cuttack is situated between two rivers, i.e., Mahanadi and Kathojodi and has been facing danger from the said two rivers every year during rainy season, when the same gets flooded. In September, 1982, Cuttack city faced difficulties, therefore the Government decided to reinforce the embankment as a protective measure to the city of Cuttack, which is practically the economic and cultural life centre of the State and ultimately the same was constructed. On account of such construction, more than 2000 acres of land became available for development with an idea to have new township which was conceived. Accordingly, township was planned by developing such 2000 acres of land and naming it as Abhinaba Bidanasi, Cuttack.
On account of such construction, more than 2000 acres of land became available for development with an idea to have new township which was conceived. Accordingly, township was planned by developing such 2000 acres of land and naming it as Abhinaba Bidanasi, Cuttack. The Cuttack Development Authority was constituted under “The Orissa Development Authorities Act, 1982” with an objective to have a planned and systematic development of areas by preparing plans and undertake works pertaining to construction of Housing colonies, shopping centres, markets, industrial estates and providing public amenities. The new township would be rich in roads, parks and open spaces and would provide all modern infrastructure and facilities necessary for comfortable, clean and hygienic living like draining, underground sewerage, drinking water supply, electricity supply lines, schools, colleges, hospitals, dispensaries, bus-stands, shops and marketing centres etc. in planned way. Accordingly, the project was divided into 12 sectors and as per the plan, development was undertaken by CDA. For giving effect to such project, efforts are to be made by the State Government, CDA as well as Cuttack Municipal Corporation to get maximum unit of land in question, therefore they are collecting premium for allotment of land and also provided the amenities in the locality. 3. The construction of wide road of 120 ft. on the embankment of Petanal behind Rotary Eye Hospital upto the end of Sector-10 of Abhinab Bidanasi Project Area for better traffic management was highly essential, hence this application. 4. Pursuant to intervention of this Court and when time and again despite monitoring, the construction of road did not progress, the petitioner filed Misc. Case No.19330 of 2011 with the prayer to direct the C.B.I. to investigate the matter for recovery of vast patch of government lands occupied by land mafias and hundreds of construction already made therein and submit a report within a stipulated time. On such application of the petitioner, this Court, on 15.12.2011, passed the following order: “The petitioner has filed this application for a direction to the C.B.I. to enquire and investigate into unauthorized encroachment of Govt. lands in Bidanasi and submit a report to this Court for appropriate order. Sri Sisir Das, learned Addl. Government Advocate, prays for some time to enable the Collector to submit the enquiry report.
lands in Bidanasi and submit a report to this Court for appropriate order. Sri Sisir Das, learned Addl. Government Advocate, prays for some time to enable the Collector to submit the enquiry report. Put up this matter on 05.01.2012 along with O.J.C. No.6721 of 1999 to consider the prayer of the petitioner for enquiry and investigation by the C.B.I. and to settle the modality of such investigation. In the meantime, let a copy of this writ application as well as this application be served on Shri S.K. Padhi, learned counsel for the C.B.I. A copy of the enquiry report shall also be served on Shri Padhi.” 5. On 18.01.2012, this Court issued certain directions to the C.B.I. with respect to conduct of inquiry. Thereafter, this Court, on 25.04.2014, passed order to the following effect: “By order No.21 dated 18.01.2012, this Court had directed the C.B.I. Special Crime Branch, Kolkata to enquire and investigate into the various aspects indicated in the said order. Pursuant to such direction, it appears that the C.B.I. have initiated the process of investigation and have filed a preliminary report dated 25.05.2012 before this Court along with a memo on 18.06.2012. On perusal of the said report, it appears that the enquiry was in progress and further process in the matter would be submitted before this Court in due course. In the meantime, nearly two years have elapsed therefrom. Therefore, we direct the investigating agencies to submit the latest status report of investigation into the matter. Such status report be filed by the investigating officer by 20th June, 2014 in a sealed cover. List this matter on 27th June, 2014 indicating the name of Sri S.K. Padhi, as the counsel for the C.B.I. in the cause list. A free copy of this order be handed over to Mr. S.K. Padhi, learned counsel for the C.B.I. for necessary communication and compliance. 6. By order dated 09.05.2014, this Court recorded that final status report has already been submitted on 11.06.2013 and the annexures thereof filed on 17.06.2013. The same was traced out and placed on record. In the said report, suggestions and recommendations had been made by C.B.I., to which the State Government, by filing an affidavit, states that steps have been initiated for implementing the same, as has been recorded in the orders dated 11.07.2014 and 08.08.2014. 7. Lastly, an application dated 15.11.2017 (Misc.
The same was traced out and placed on record. In the said report, suggestions and recommendations had been made by C.B.I., to which the State Government, by filing an affidavit, states that steps have been initiated for implementing the same, as has been recorded in the orders dated 11.07.2014 and 08.08.2014. 7. Lastly, an application dated 15.11.2017 (Misc. Case No.21360 of 2017) was filed in Court on 21.11.2017 with a prayer to direct the concerned authorities to consider the recommendation of the C.B.I. and take appropriate action in public interest. 8. This writ petition was heard on 14.12.2017 and 26.04.2018, when the petitioner Chittaranjan Mohanty appeared in person and stated that the initial relief sought for in the writ petition has already been granted, as construction of approach wide road of 120 ft. as prayed for, has been completed. He further stated that the Court may pass necessary order with regard to suggestions made by C.B.I. in its report. 9. In view of the aforesaid facts and circumstances of the case, since the main prayer made in the writ petition has already been exhausted, we dispose of the writ petition with the observation that the State authority shall take necessary steps to recover the possession from the unauthorized occupants or if the Government feels appropriate to regularize the possession, it may do so in accordance with law. The writ petition is accordingly disposed of. Issue urgent certified copy as per rules. Petition disposed of.