Petitioners challenged an eviction notice directing them to vacate a flat. The court observed that an amicable settlement had been reached during the pendency of the proceedings, under which the flat in question was excluded from the respondent's share, and consequently quashed the notice.
The impugned eviction notice issued against the petitioners is quashed.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 21223 of 2012
Mohini Sahoo & Another
Petitioners
Mr. N.K. Barik, Advocate
Vs.
….. Managing Director, Orissa Opposite Parties Rural Housing & Development Corporation Ltd. & others
Mr. A. Parida, Advocate
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN
ORDER 11.10.2023
Order No.
This matter is taken up through hybrid mode.
that during pendency of the writ petition an amicable settlement has been made and, accordingly minutes of the meeting held in the chamber of Chairman, ORHDC Ltd on 01.09.2015 was prepared. In the said meeting it has been decided that out of 64 flats, the sharing of flats as per agreement by the builder with the land owner and based upon power of attorney executed, the land owners are eligible to claim over 16 flats as agreed vide their letter dated 25.04.2006 and
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confirmed by letter dated 09.05.2006 duly accepted by the Court vide order dated 23.02.2010 in W.P.(C) No. 9109 of 2005. The sharing of flats from Sarthak Tower has been reflected in the tabular form. The flat no. 225 has not been included in the OHRDC share. Therefore, the eviction notice dated 02.11.2012 cannot be sustained in the eye of law.
(DR. B.R. SARANGI) ACTING CHIEF JUSTICE
Arun
(M.S. RAMAN) JUDGE
Signature Not Verified
Digitally Signed Signed by: ARUN KUMAR MISHRA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa Date: 12-Oct-2023 16:44:17
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2 issues framed by the court
Whether the eviction notice issued against the petitioners can be quashed in light of an amicable settlement reached between the parties.
Whether the petitioners are eligible for flat allocation based on the settlement minutes excluding flat number 225.
1 provisions across 1 enactments
Mohini Sahoo
Managing Director, Orissa Opposite Parties Rural Housing & Development Corporation Ltd.
Sarangi
Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
