Nanda Kishore Bhuyan v. Principal Secretary, Housing And Urban Development Department, Government of Odisha
2023-01-24
M.S.RAMAN, S.MURALIDHAR
body2023
DigiLaw.ai
JUDGMENT 1. The issue of notifying the Salipur as a Notified Area Council (NAC), taking into consideration four Gram Panchayats (GPs) viz., Chandradeipur, Balisahi, Barigol and Sisua and seven villages, has been engaging the attention of the Court for nearly seven years now. Numerous adjournments have been sought for by the State Government and granted by the Court. The last adjournment was on 29th November, 2022 when the following order was passed: '1. Although a written instruction dated 7th October, 2022 of the Under Secretary to the Panchayati Raj and Drinking Water (DW) Department, Government of Odisha has been handed over by Mr. Debakanta Mohanty, learned Additional Government Advocate to the Court, it is necessary for the said stand of the Panchayati Raj and DW Department to be placed formally on record by way of an affidavit. 2. Learned Additional Government Advocate assures the Court that the said affidavit will be filed before the next date. The affidavit will enclose a copy of the report of the Collector, Cuttack that has been called for. 3. List on 24th January, 2023.' 2. No affidavit has yet been filed in terms of the above order. Mr. Debakanta Mohanty, learned Additional Government Advocate again refers to the written instructions received, which only states that the Government has asked to Collector, Cuttack to consult the GPs and villages and submit a report. 3. The Court views this as only contributing to further delays in the matter. The State Government will have to take a definite stand after all these years. 4. In the circumstances, the Court directs the Chief Secretary to Government of Odisha to immediately examine the entire matter himself for which purpose the present paper book with all the pleadings of the parties will be provided to him by the Additional Government Advocate without unnecessary delay. It is expected that the Chief Secretary will hold a consultative meeting involving all the concerned Departments and come up with the definite decision of the Government on the matter. The said decision be placed before this Court in the form of an affidavit before the next date. 5. List on 4th July, 2023. A copy of this order be communicated to the Chief Secretary to Government of Odisha forthwith.