Cuttack, July 5: Orissa High Court has issued notices to the state government on a writ petition questioning legality of continuance of the Orissa Development Authorities Act, 1982, on the basis of which the development authorities in the state are exercising their powers.

The Act had allegedly become redundant after the 74th amendment to the Constitution in 1993 relating to the urban local bodies.The dispute was raised before the high court while challenging a notice issued by the Rourkela Development Authority to stop construction work of a residential house in the steel township. Ram Pratap Agarwal, 59, a Rourkela resident, had filed the petition.

“After a preliminary hearing, the division bench of Chief Justice V. Gopala Gowda and Justice B.N. Mohapatra issued notice to the Orissa government last week to showcause as to why the Orissa Development Act, 1982, should not be treated as repealed,” petitioner counsel Jaydip Pal told The Telegraph today.

“The government has been directed to file its response within six weeks,” Pal said.

The petition has sought declaration of the Act as “inoperative” with effect from 1993 and direction to the Orissa government to make appropriate legislation to empower the urban local bodies to exercise power of urban planning, including town planning functions and the regulation of land along with construction of building functions.

According to the petition, the 74th amendment by inserting Article 243 ZE with effect from June 1, 1993, had made it clear that Parliament had thought it proper that the urban planning, including town planning functions and the regulation of land along with construction of building, should be dealt by the urban local bodies. On March 30, 2010, the Orissa government issued that saying, “All development authorities of Orissa may delegate the functions of urban planning, including town planning functions and the regulation of land along with construction of building functions, to the urban local bodies.”

“But, till now the Orissa government has not thought it proper to make a law to delegate the powers under the Act to the urban local bodies and the municipalities,” the petition said.“In view of it, the development authorities in Orissa are exercising powers without authority, as the powers enshrined the Act is legally void after coming into operation of the 74th amendment to the Constitution,” the petition contended.