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(13) It is on these premises the petitioner claims that the action of the opposite party No.4 i.e. the Puri-Konark Development Authority in the matter of issuing notice for demolition to the members of the petitioners'-Association is not only without jurisdiction but also is in violation of the provisions contained in the Constitution of India and Municipal Act as well as rules therein.

(14) The impugned action of the Puri-Konark Development Authority is challenged mainly on two counts. First count is that the Puri-Konark Development Authority has no jurisdiction to interfere in the matter of construction and development of buildings may be for residential or non-residential areas in exercise of powers under the Orissa Development Authority Act secondly, even if the Puri-Konark Development Authority had jurisdiction in the above matter being an authority under the CRZ Regulation yet it had no authority to deviate building and construction norms as stipulated under the Municipal Act and Rules therein. In establishing the same Mr. Mohanty, learned Senior Counsel appearing for the petitioner's Association placed reliance on Section273 A, 263 & 264, 531 as well as 534 of the Municipal Act, 1950, provision at Article 243W, 243ZF of the Constitution of India and Section 15 & 16 of the Orissa Development Authorities Act. Besides the above, Mr. Mohanty, learned Senior Counsel appearing for the petitioner's Association also made reference to certain documents such as CRZ Notification dtd.19.02.1991, 9th Trust Board Meeting of the PKRIT on 08.10.1984. Notification dtd.01.04.1997 bringing in Puri-Konark Development Authority to force, notification dtd.27.09.1997 by which the Puri- Konark Development Authority adopted Bhubaneswar Development Authority Regulation, 1993. Notification dtd.21.07.1997 bringing Puri Municipality under CRZ-II, the letter dtd.09.12.1999, a letter from MOEF to the Chairman OSCZMA and the Government of Odisha indicating that FSI/FAR norms should be followed as existed on 19.02.1991, Puri-Konark Development Authority in response to a query of the Senior Scientist of Forest and Environment Department, Government of Odisha on existing the local town and country planning regulations by letter dtd.13.09.2006 and the reply in response to the above query dtd.09.03.2007, a letter dtd.28.10.2009 from the Department of Forest & Environment, Government of Odisha to Puri- Konark Development Authority clarifying to abide by rules and norms prevalent in 19.02.1991. Mr. Mohanty, learned Senior Counsel also referred to specific stand taken by the Puri-Konark Development Authority in Appeal Case No.78 of 2003 vide an order dtd.26.04.2014 passed by the Appellate Authority in the above appeal.

(26) From reading of the Annexure-10 a letter from the Government of India, Ministry of Environment & Forest addressed to the Chairman, Odisha State Coastal Zone Management Authority regarding construction of the buildings in the Coastal Regulation Zone-II area of Puri-Konark stretches, it has been made clear that as per the CRZ-II the FSI/FAR norms should be followed as existed on February, 1991.

It is under these circumstances any action undertaken by the Puri-Konark Development Authority in the matter of any illegality or deviation in the building planning either residential or non- residential ought to be as per the FSI/FAR norms as existed on February, 1991. Therefore it is incumbent upon the Puri-Konark Development Authority to exercise their power in the matter of deviation in the planning either in the residential construction or non- residential construction following the provisions as available on 19th February, 1991. As such there is no application of either Orissa Development Authorities Act or the circulars issued in that connection from time to time.