Orissa High Court
Nirmala Nayak vs Court Of Osd (Oda Act) on 6 December, 2021
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.31129 OF 2021
Nirmala Nayak .... Petitioner
Mr. Durga Prasad Pradhan, Advocate
-versus-
Court of OSD (ODA Act), BBSR and .... Opp. Parties
another
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 06.12.2021 1. 1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition prays for a direction to set aside the order dated 12th April, 2021 (Annexure-3) passed by the Officer on Special Duty (ODA Act), Bhubaneswar Development Authority, Bhubaneswar-Opposite Party No.1 in UAP Case No.141 of 2017 in which direction has been made to the Petitioner to remove the unauthorized construction.
3. Mr. Pradhan, learned counsel for the Petitioner submits that the Petitioner has not been served with any notice to show cause in the matter. She was also not given any opportunity of hearing in the said UAP Case. Thus, the impugned order is in contravention of the provision of Section 91(1) of the Orissa Development Authorities Act, 1982. It is his submission that upon receipt of the order under Annexure-3, the Petitioner has filed an application before the Officer on Special Duty (ODA Act), Bhubaneswar Development Authority, Bhubaneswar on 14th September, 2021, but the same has not yet been considered. Hence, she has filed this writ petition.
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4. Taking into consideration the submission of Mr. Pradhan, learned counsel for the Petitioner that the Petitioner has filed an application on 14th September, 2021 before the court of Opposite Party No.1, this Court disposes of the writ petition directing the Officer on Special Duty (ODA Act), Bhubaneswar Development Authority, Bhubaneswar-Opposite Party No.1 to take a decision on the application dated 14th September, 2021 filed by the Petitioner as at Annexure-4 as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this order along with copy of the said application giving opportunity of hearing to the Petitioner.
Urgent certified copy of this order be granted on proper application.
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