creature of the Orissa Development Authorities Act (hereinafter called "the ODA Act " for brevity), has filed this writ application under Articles ... jurisdiction to examine any order passed under Section 91 of the ODA Act and / or pass any order of injunction restraining the Statutory Authorities constituted
Orissa Development Authorities Act, 1982
(hereinafter referred to as 'the ODA Act ') on the grounds inter
alia that the same is in contravention ... against the Bhubaneswar
Development Authority, a statutory body created under the ODA
Act and in so far as, the facts of the case are concerned
Section 92 of the Odisha Development Authorities Act, 1982 (in
short ODA Act ) and to direct the Opposite Parties issuing a writ of
mandamus ... arising out
of the said proceeding under Section 92 of the ODA Act, 1982.
2. According to the petitioner, the petitioner is a private limited
Section 91 (2) of the Odisha Development Authorities Act, 1982
(" ODA Act ", in short) whereby the appellate authority had
confirmed an order dated ... approval from the
CDA as required under the provisions of ODA Act and Odisha
Development Authorities Rules, 1983 ("ODA Rules", in short)
framed
Development Authorities Act,
1982 (herein after referred to as 'the ODA Act ') with a declaration
to the effect that the unauthorized construction made ... boundary wall leaving no setback as per the provision
of the ODA Act , Odisha Development Authorities (Planning and
Building Standards) Rules, 2020 (in short
Nirmala Nayak vs Court Of Osd (Oda Act) on 6 December, 2021
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT ... 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
Odisha Development Authorities Act, 1982 (in short 'the ODA
Act ') to show cause as to why the unauthorized construction
should not be demolished ... thereafter,
therein, direction was issued by the competent authority under
the ODA Act and an Amin was engaged to hold an enquiry and
report
possession pending final regularization. The initiation of
another proceeding under the ODA Act, 1982 during the
pendency of the encroachment and lease proceedings is
jurisdictionally ... administrative process.
(iv) It was submitted that the OPLE Act and ODA Act operate in
distinct statutory spheres--the former governing regularization
of occupation over
Special Duty (OSD)
under the Odisha Development Authorities Act, 1982 (ODA Act ),
Bhubaneswar Development Authority (BDA) in UAP 684/2012
directing the Petitioner to remove ... dated 22nd November,
2012 issued under Section 91(1) of the ODA Act and an order dated
18th May, 2013 passed by the Principal Secretary
Orissa Development Authorities Act (hereinafter referred to as "the ODA
Act "). The action of the opposite parties is tainted with mala fide. With ... building as
mandatorily required under Sections 15 and 16 of the ODA Act, a
proceeding was initiated under Section 91 of the ODA Act, which
