Partly allowed

Infosis Banika Sangha Welfare Trust v. State of Odisha

Orissa HC11 Feb 2020WP(C)/4509/2020

Case brief

AI extract

What is this about?

In this writ petition, the challenge to the planned demolition of shops by the Bhubaneswar Municipal Corporation. The court allowed the grievance petition approach and stayed coercive action. It directed the Government to form a Grievance Redressal Forum.

What did the court decide?

Stay on coercive action. Mandatory direction to form Grievance Redressal Forum within two months.

Infosis Banika Sangha Welfare Trust Vs State of Odisha — Landlord and Tenant | Orissa HC (2020)

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W.P.(C) No.4509 of 2020

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W.P.(C) No.4509 of 2020 & I.A. No.1986 of 2020

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02. 11.02.2020

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Heard learned counsel for the petitioners and Mr.Nayak, learned Additional Government Advocate.

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According to Mrs. Kabita Patra, the grievance of the petitioners in this case is that opposite party no.3 has announced to demolish the shops of the petitioners situated at Infosis Area, Chandaka Industrial Estate, Bhubaneswar without any written notices and without allotting alternative sites for relocation of their shops in the background of the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

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Mr. Nayak, learned Additional Government Advocate submits that instead of approaching the opposite party no.3 in the matter, the petitioners have unnecessarily rushed to this Court.

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Considering the submissions made, this Court permits the petitioners to move the Bhubaneswar Municipal Corporation (opposite party no.3) by filing comprehensive grievance petition highlighting all their grievances within a period of ten days from today. In the event, such a grievance petition is filed before opposite party no.3, the said opposite party is directed to take a decision on the same in accordance with law by passing a reasoned order after giving an opportunity of hearing to the petitioners.

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bns

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Till disposal of the grievance petition, no coercive action shall be taken against the petitioners with regard to their shops situated at Infosis Area Industrial Estate, Chandaka, Bhubaneswar.

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While parting with the order, we direct the

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appropriate Government to form Grievance Redressal Forum

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under Section 20 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 within a period of two months from the date of receipt of the certified copy of this order and the matter be communicated to this Court through Mr.Nayak, learned Addl. Government Advocate.

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The writ application is disposed of.

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Urgent certified copy of this order be granted on proper application.

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A free copy of this order be supplied to Mr. Nayak, learned Addl. Government Advocate for onward

communication.

…………………………

C.R. Dash, J.

….. ……………………..

S.K. Panigrahi, J.

Infosis Banika Sangha Welfare Trust v. State of Odisha

Case brief

What is this about?

What did the court decide?

Infosis Banika Sangha Welfare Trust v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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