Orissa High Court

Cuttack, July 22: Judicial scrutiny of residential houses being used for commercial purposes in Bidanasi project area intensified today with Orissa High Court appointing amicus curiae for it and directing Cuttack Development Authority (CDA) to submit a detailed report on it by August 18.

The court further directed the CDA to take effective steps to stop the use of land contrary to the permission granted with the required assistance of police.

Markat Nagar was developed by the CDA in Bidanasi project area with proper city planning under plotted scheme with sectors as model residential zones. With continuous expansion and addition of more sectors, the township on the south western fringe of Cuttack city presently houses more than a lakh population.

After receiving allegations that persons were being singled out for proceedings leaving many cases in which residential premises of land owners were being used for commercial purposes the high court had directed CDA on April 20, 2011, to file an affidavit in connection with it within a month.

The CDA on Thursday filed an affidavit claiming that proceedings were on under section 91(1) and (2) of the Orissa Development Act, 1982, against those persons, who have used residential houses for other purposes.

“On being reported by the field staff, Cuttack Development Authority initiated more than 200 cases in connection with residential building, which are being used for commercial purposes and most of those proceedings are in hearing stage,” CDA’s law officer Jmamendra Prasad Samal said in the affidavit.

Samal in his affidavit cited four instances of requisitioning the inspector-in-charge of the local police station with a request to stop commercial use of residential buildings, but was silent on the outcome.

“Taking note of the affidavit today the two judge bench of Justice B.P. Das and Justice B.K. Mishra directed the CDA to submit the entire list of cases in which proceedings had been initiated and steps taken for compliance of its own order to discontinue use of residential buildings for commercial purposes,” amicus curiae D.N. Lenka told The Telegraph.

“The court expected CDA to submit the detailed list by August 18, the date fixed for next hearing on the case,” Lenka said.

“The court further directed the deputy commissioner of police, Cuttack, to extend assistance to CDA as and when required,” he said.