CUTTACK: The Orissa excessive court docket has chosen to not intervene within the Odisha State Housing Board (OSHB)’s resolution to promote a plot of land at Basanti colony in Rourkela.
The OSHB had issued an public sale sale discover on April 9, 2018. Tarun Kumar Das, Prasanta Kumar Moharana and Raj Kishore Sahu – all residents of the realm — had filed a PIL looking for quashing of the public sale discover.
The petitioners had claimed that the land was earmarked for a playground. It was mendacity vacant and getting used as a playground, and for morning and night stroll, the petition had mentioned.
On Might 11, 2018 the court docket had issued a discover to the OSHB. In an interim order, it had imposed restriction on the public sale/ sale of the plot. The interim order had continued until the petition was taken up on Thursday.
The court docket discovered that the OSHB had filed a counter affidavit on March 3, 2020 and until date no rejoinder affidavit had been filed by the petitioners to disclaim any of the assertions made therein.
Whereas disposing of the petition, the bench of Chief Justice S Muralidhar and Justice BP Routray mentioned, “Since factually it’s now proven that the plot in query shouldn’t be part of the widespread utility space, this court docket can’t presumably intervene with the choice to supply on the market by the use of public sale, the mentioned plot.”
In its reply, the OSHB had said that the income division allotted in its favour 150 acres of land at Basanti Colony, Rourkela. Accordingly, a lease deed was executed in its favour in 1978. Of the allotted land, buildable space was labored out to be 72.339 acres.
Having already utilized a superb portion of the realm for enterprise, business and different functions, the buildable remaining space for allotment was roughly 25.161 acres.
Whereas carving out the widespread utility space at Basanti Colony underneath the Rourkela Housing Scheme, the OSHB already stored reserved areas for roads, open areas, colleges, parks, and many others. The widespread utility space already stood transferred to Rourkela Municipality now Rourkela Municipal Company (RMC) on August 22, 1991.
The plot for which public sale discover was issued doesn’t come underneath the widespread utility space, however is a buildable space. “Accordingly, OSHB has a proper to promote the plot. Subsequently providing it for public sale sale was not opposite to the permitted structure plan,” the counter affidavit had claimed.