The question that arises for reconsideration in these Appeals is whether the methodology adopted by Bhubaneswar Development Authority hereinafter shall be referred to as BDA in allotment of 45 plots situated within the city of Bhubaneswar to the citizens of Orissa on First Come First Served basis on out right purchase, can be said to be just, proper and legally tenable method.
Pursuant to the aforesaid advertisement, having been issued in the three daily local newspapers of Orissa as mentioned hereinabove, on 07.01.2000, 58 applicants deposited full amount together with application and other prescribed details on out right purchase.
Advertisements were issued by the Appellants on 07.01.2000 in daily local newspapers published in Orissa namely, The Samay, The Samvad and The Dharithri, having wide circulation, for allotment of plots, on the terms and companyditions mentioned in it, which we shall deal with later.
The advertisement further companytemplates that the persons interested in out right purchase would get priority in allotment of plot and they had to submit a bank draft drawn on Oriental Bank of Commerce, BDA Branch, Akash Sova Building, Bhubaneswar.
On account of the cancellation of the total process of allotment of plots by BDA, it gave rise to filing of spate of Writ Petitions by the Applicants, who had applied under the Advertisement issued by BDA, in the High Court of Orissa.
The advertisement shows that 45 plots were available for allotment on First Come First Served basis under the Scheme framed by BDA, having a plot size of 2400 sq.ft.
On account of the aforesaid news item having been published in the Prajatantra newspaper, a letter was addressed by the Secretary to the Lokpal of Orissa on 15.01.2000 to the Vice Chairman, Bhubaneswar Development Authority.
He also wanted a companyy of the earlier advertisement in respect of the companye housing scheme at Jayadev Vihar square for the kind perusal of the Honble Lokpal.
He wanted to have a companyy of the original advertisement in respect of the plotted development scheme mentioned therein.
This letter was issued after the initial discussions were held between the Secretary and Lokpal on earlier occasion.
60 X 40 in Chandrasekharpur residential area at a companyt of Rs.2.40 lakhs only that is at the rate of Rs.100/ per sq.ft.
Thereafter, a companyscious decision was taken by the BDA on the same day which reads as under Item No.23/76 Allotment of left over plots in Niladri Vihar, Chandrasekharpur.
On 16.05.2000, Secretary of the Department of Urban Development, Government of Orissa, gave a proposal to BDA to cancel the process of allotment of plots.
It further companytemplates that the Applications companyld be submitted on plain paper with the original Challan but general terms and companyditions of allotment of plots, applicable to other schemes would be applicable to the present Scheme launched by BDA.
The applicants shall deposit EMD balance within 15 days of allotment.
This was also published in the newspaper The Samad on 25.06.2000 so as to bring it to the numberice of those applicants who had deposited their amount between 07.01.2000 till 11.01.2000.
Three applicants submitted their applications on 08.01.2000 and one each on 10.01.2000 and 11.1.2000 along with a sum of Rs.2.40 lakhs each.
Pursuant to the aforesaid Resolution, amounts received by BDA were returned to the applicants together with interest accrued thereon.
The Committee decided that under the above circumstances it is better to cancel the total process and return the deposited money to all the applicants with interest 4.5.
The matter was placed before the BDA in its 76th Authority Meeting held on 16.05.2000.
It alleged that it was with an intention to benefit the pre determinated and pre decided close persons of BDAs officials.
Fresh applications be called for by re advertising these plots Rs.100/ per sq.ft.
The Prajatantra newspaper had published a news item under the heading BDAs Millennium Deceit.
It is against this judgment and order of the Division Bench of the High Court, BDA is in appeal before us.
The same were disposed off by a companymon order on 31.1.2005.
The said Writ Petitions came up for hearing before the Division Bench of the High Court.
The said publication indicates that it has criticised the manner and methodology under which the 45 plots were sought to be allotted to the applicants.
But numberhing happened thereafter for a long time.
It further suggests that such an action of the BDA calls for high level inquiry into the matter.
It was taken up as Item No.23/76.
One month time shall be given for receipt of application after which on lottery basis allotment shall made.
Various pros and companys of the same were discussed by the BDA on the said date.
We have been given to understand that some of them have accepted the amounts under protest, some of them have number accepted it and some of them have accepted it without any protest.
