Cuttack, Aug. 24: Orissa government’s decision to expand the jurisdiction of Bhubaneswar Development Authority (BDA) by including villages around the city has been challenged in the high court.

Suresh Kumar Rout, 32, a resident of Ekchalia gram panchayat in Kausalyaganga, has alleged that the housing and urban development department’s decision regarding annexation of villages under the BDA’s fold is “unilateral” as the panchayati raj department had not been consulted.

Besides, people of the villages that are proposed to come under the jurisdiction of the BDA had been pushed “into a no-man’s land” as no notification to include them within the area of Bhubaneswar Municipal Corporation (BMC) had been issued, Rout said.

The state government had initially issued a notification for expanding BDA’s jurisdiction on December 12, 2010. Subsequently, exercising powers conferred by Section 3 (2) of Orissa Development Authorities Act, 1982, the housing and urban development department had issued a notification on July 26, 2011, declaring that the existing BDA shall include 351 additional areas of the revenue villages.

According to the petition filed under the Orissa Development Authorities Act, 1982, when the area of the authority is proposed for expansion to any gram panchayats, the panchayati raj department is to be consulted and the matter should be referred to the respective gram panchayat to place it before their gram sabha for decision. It was also open for the gram panchayat to approach the high court for judicial review of government decision.

“But the BDA, by assuming arbitrary power without giving due public notice and without sending notice to gram panchayat and without hearing objection, unilaterally decided to bring the village within the purview of the authority,” the petition alleged, seeking quashing of the notification.

The petitioner expressed apprehension that “members of the gram panchayat will suffer irreparable loss in terms of drainage, sewerage and other provisions” as no notification for inclusion of the villages into the BMC’s folds had been issued.

Of the 351 villages included under the jurisdiction of the BDA, 17 border the existing BDA area on the north and 42 on the south. Another 26 villages and 16 villages border the BDA area on the east and west respectively.

The Orissa Development Authorities Act, 1982, was enacted with a view to ensure planned development of different towns of the state where improvement trusts were already functioning. It was enacted for developing urban areas with systematic planned growth.

“But the BDA cannot assume power under the Orissa Development Authorities Act, 1982, to disregard Orissa Gram Panchayat Act and Rules, as Orissa Gram Panchayat Act and Rules as well as Orissa Panchayat Samity Act and Rules were existing Acts much prior to the Orissa Development Authorities Act,” the petition contended.