Narendra Senapati v. B.D.A.

W.P.(C) NO.2501 of 2016

1. 14.11.2019

Heard learned counsel for the petitioner. Plot No.23 under Commercial Plotted Development Scheme, Phase-II, Chandrasekharpur, Bhubaneswar was allotted in favour of the petitioner sometime in 2010. Vide Order dated 02.08.2011 (Annexure- 9), the allotment was cancelled on the ground that the general Power of Attorney executed by the petitioner was not accepted by the Bhubaneswar Development Authority and the petitioner had not yet cleared the standing dues.

Learned counsel for the petitioner, taking me through Annexure- 7 submits that though the price of the land was Rs.69,000/-, the petitioner had already paid about Rs.71,000/- and the assertion in Annexure- 9 regarding non-clearance of standing dues, is not correct.

Be that as it may, the allotment of plot was cancelled in the year 2011. The writ application was filed in the year 2016, about six years after. It has come to be listed for admission about nine years after cancellation. In the meantime, the plot must have changed hands and right of some third party, in whose favour the plot has been allotted, must have accrued.

In view of such fact, the petitioner, if so advised, may file a representation within three weeks from today before the Secretary, Bhubaneswar Development Authority for refund of the amount deposited by him, detailing the amount in the representation and, if such representation is filed, the same shall be disposed of in accordance with the rules and guidelines of the BDA within a period of two months from the date of its filing.

It is made clear that, if the petitioner is found to be entitled to get refund, the refund be made within fifteen days of disposal of the representation. The writ application is accordingly