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2014 DAILYLAW 916 (ORI)

SNEHALATA PANDA v. BRAHMAPUR DEVEVELOP

WP(C)/3761/2014 · 2026-01-30

S K Panigrahi

Writ Petition (Civil)body2014

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 3761 of 2014 Snehalata Panda ..…... Petitioner(s) Mr. Amitav Tripathy, Adv. -Versus- Berhampur Development Authority & Ors. ……. Opposite Party(s) Mr. P.K. Mohanty, Adv. (for O.P. No.1 and 2) CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 30.01.2026 Order No. 05. 1. This matter is taken up through hybrid arrangement. 2. The present Writ Petition has been filed by the Petitioner with the following prayer: “Under these circumstances, the petitioner most humbly prays that this Hon’ble Court be graciously pleased to issue a rule Nisi calling upon the Opp. Parties to show cause as to why;- i) The decision of the BDA under Annexure-6 series refusing to allot a plot of land or house in favour of the petitioner shall not be quashed, ii) The Opp. Parties 1 and 2 shall not be directed to allot a plot of land/house from out of the vacant space available forthwith to the petitioner on priority basis; If the Opp. Parties failed to show cause or show insufficient cause, the rule be made absolute;” Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 02-Feb-2026 18:43:26 Signature Not Verified 2 3. Learned counsel for the Petitioner submits that the Opposite Party No.1/Berhampur Development Authority had lunched a Housing Scheme at Ambapua, Berhampur catering various income groups like HIG (Duplex), HIG, MIG, LIG, EWS etc, named Vivek Vihar. Pursuant to the said scheme, the Petitioner had submitted an application for allotment of one HIG (D) I core house. The Petitioner had also deposited initial coast of Rs.4,51,000/-. The Petitioner earlier deposited Rs.50,000/- in the year 2003 as fixed by the Opposite Party No.1. However, instead of allotting a plot in question to the Petitioner, the Opposite Party has intimated the Petitioner regarding cancellation of the scheme due to non-finalization of the tender vide letter dated 13.12.2013. 4. Learned counsel for the Petitioner submits that the Berhampur Development Authority (BDA) had accepted the willingness of the Petitioner to purchase the plot in question. However, the fresh calculation which was arrived at by the BeDA is Rs.33, 13,800/- vide letter dated 17.03.2025 issued by the BeDA. He further submits that since the Petitioner had already deposited Rs.5.00 lakhs as caution money, sufficient interest amount has been accrued in the meantime. 5. In such view of the matter and considering the submission made, this Court is of the view that while accepting the amount prescribed by the BeDA, the caution money deposited by the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 02-Feb-2026 18:43:26 3 Petitioner including the interest accrued therein in the meantime, be factored into. Accordingly, the Berhampur Development Authority shall take a decision to allot the plot in question in favour of the Petitioner in view of the schemes, if any, available. 6. Accordingly, the Writ Petition is disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.