Cuttack, May 21: A resident of the city has challenged in Orissa High Court the legality of state government's resolution to implement the task force report on land allotments under discretionary quota since January 1, 1995, in Bhubaneswar and Cuttack urban areas.
In her petition, Minati Sasmal, 60, cited "non-application of mind" in the recommendation of the task force for cancellation of all allotments made under the discretionary quota by the housing and urban development ministers between February 22, 1999 and May 17, 2004, by Bhubaneswar Development Corporation (BDA) and Cuttack Development Corporation (CDA).
The task force report said: "All allotments made under discretionary quota by the minister of housing and urban development department from February 22, 1999 to May 17, 2004 are illegal and void and may be cancelled since the notifications of appointment of minister of state (independent charge) as chairman, BDA and CDA were not revised and the ministers concerned had not been appointed as chairpersons of the concerned authorities under the relevant laws and rules."
However, Sasmal said the notification on constituting of a development authority under the Orissa Development Authority Act clearly provides that the minister of state housing and urban development department, whoever is holding office, shall be the ex-officio chairman of BDA and CDA.
Seeking quashing of the task force report, the petitioner said: "There is no requirement of a fresh notification. The task force report declaring illegal allotment of plots by the chairman who is holding office in the ex-officio capacity by virtue of the initial notification is a sheer outcome of non-application of mind and therefore is liable to be quashed."
The Task Force submitted report on November 3, 2014. The state government passed resolution to implement it on January 30.
The petitioner said the state government failed to consider the legality and sustainability of the task force report recommendations before passing the resolution.
Hence, the resolution to implement the task force report "is liable to be quashed".
The petition is expected to be listed for hearing by the vacation court, which will have sittings on May 27, June 3 and 10.





