In a major ruling, the Orissa High Court has ordered to put a ‘cap’ or ‘restriction’ allotment of multiple plots to any applicant by the Bhubaneswar Development Authority (BDA) under any developmental scheme.
A single bench of Justice Biswanath Rath passed the order while pronouncing judgement in a case pertaining to allotment of multiple plots by the development authority under discretionary quota (DQ).
The directive of the court, which aims at making the plot available to all bonafide citizens instead of allotting multiple land in favour of particular individuals, came while hearing a writ petition filed by the BDA staff.
According to sources, a Junior Assistant of the BDA had availed a plot in Kalinga Nagar Plotted Development Scheme under discretionary quota. He later transferred the plot to one Farhat Nizami on the consent of the BDA. The petitioner was also in possession of a commercial plot at Chandrasekharpur allotted by the BDA from 15.09.2001 under the District Centre Commercial Plotted Development Scheme. However, he had moved the court after the third plot was not allotted to him even after he got it in quota.
"This Court finds considering petitioner to be entitlement in another plot will be jeopardizing the interest of persons, who are yet to get a single plot," the court said.
“At least put a ‘cap’ or ‘restriction’ on applicant by the party already in the receipt of land from the Development Authority under any of its Development Scheme operated in city or under any other development scheme in the city and even in any other development scheme of any other district at least to make it available to all bonafide citizen instead of allotting multiple land in favour of particular individuals, who are already in entitlement of a land by such agencies in any of the district," the court added.
“A common man is suffering due to allotment of multiple plots to a particular person. A person who has been allotted with a plot under any development authority in the State cannot apply for a second plot,” said Dayananda Mohapatra, a lawyer while speaking about the judgement.