Disposed

Ramitav Mishra v. Cuttack Development Authority

Orissa HC4 Aug 2016WP(C)/17205/2015

Case brief

AI extract

What is this about?

This writ petition sought to allow the third-party transfer of a plot in the Abhinab Bidanasi Project. The High Court disposed of the petition by directing the C.D.A. authorities to process the transfer application within two months after verifying conditions regarding double allotment, quota usage, and construction.

What did the court decide?

The competent authorities of the C.D.A. directed to process the application of opposite party no.4 for Third Party Transfer of the plot within two months subject to verification of conditions.

This writ petition has been filed by the petitioner to allow Third Party Transfer of the Plot bearing No.113D-1170 in Sector-11 of the Abhinab Bidanasi Project area. The petition er is stated to have filed an application before the C.D.A. for the purpose of transferring th e aforesaid plot under the ownership of opposite party no.4.

Learned counsel for the petitioner submits that, opposite party no.4 has been handed over possession of the aforesaid plot on 28.05.2011. It is further submitted that opposite p arty no.4 has paid all the dues to the C.D.A. towards the cost of the plot, and Lease Deed has been executed in favour of opposite party no.4 on 26.06.2014. Two years have already elapsed from the date of execution of the Lease Deed, and it is further submitted by learned counsel for the petitioner that there is no hindrance for Third Party Transfer by opposite party no.4 so far as the aforesaid plot is concerned.

Mr. Dayanand Mohapatra, learned counsel for the C.D.A. submits that the application for Third Party Transfer of opposite party no.4s plot, as applied for by the petitioner, is no t competent. However, opposite party no.4 has also made such an application before the C.D.A. in the meantime.

Taking into consideration the facts and submission, this writ petition is disposed o f directing the competent authorities of the C.D.A. to process the application of opposite par ty no.4 for Third Party Transfer of the aforesaid plot subject to compliance of the conditions as to whether there has been double allotment and/or there has been allotment through discret ionary quota and whether any house has been constructed on the aforesaid plot. The process be completed within two months from the date of receipt of a certified copy of this order and, a fter verifying the conditions as pointed out supra, the case of opposite party no.4 for Third Party Transfer shall be processed and a final decision shall be taken regarding recommending h is case to the R.D.C., Central Division, Cuttack.

Ramitav Mishra v. Cuttack Development Authority

Case brief

What is this about?

What did the court decide?

Ramitav Mishra v. Cuttack Development Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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