M/S. S.R. Engineering vs State Of Odisha And Others
2023 Latest Caselaw 5164 Ori

      IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No. 6852 of 2020
                           (Through hybrid mode)


 M/s. S.R. Engineering, Keonjhar                   ....                 Petitioner

                                     -versus-
 State of Odisha and others                        ....        Opposite Parties

 Advocates appears in the case:

         For petitioner:          Mr. G.S. Namtoar, Advocate

         For Opp. Parties: Mr. G.N. Rout, ASC


              CORAM:
                            JUSTICE ARINDAM SINHA
                            JUSTICE SANJAY KUMAR MISHRA
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                       Hearing on 01.02.2023 and 04.05.2023
                       Date of judgment: 04.05.2023
----------------------------------------------------------------------------------------------
ARINDAM SINHA, J.

1. Mr. Namtoar, learned advocate appears on behalf of petitioner

and submits, his client was favoured with approval for allotment of

lease of land in Barbil town. He draws attention to communication

dated 13th October, 2011. The communication was made by General

Manager-cum-Member Secretary, District Single Widow Clearance

Authority, to the Tahasildar. First paragraph from the communication

is reproduced below.

// 2 //

"I am to inform that the District Single Widow Clearance Authority of Keonjhar District in its meeting held on 05.09.2011 under the Chairmanship of Collector & District Magistrate Keonjhar has approved the proposal for allotment of Govt. land measuring A0.10 as per the land particulars given below which has been inspected and recommended by you in your letter hearing letter No.2692/Dtd. 23.07.2011.

             Village      Khatra No.   Plot No.    Area       Kissam

             Sundara 13     149         517       A0.10         Patit"

2. He submits, the authorities then did not cause the allotment, for

which his client had moved this Court earlier by writ petition. Same

was disposed of with direction for his client's representation to be

considered. His client filed for contempt, pursuant to which impugned

order dated 7th May, 2018 was made. His client was thereby directed to

select another patch of government land, preferably in village area

(outside the municipal area) and to submit proposal afresh.

3. He relies on sub-section (3) in section 3 of Odisha Government

Land Settlement Act, 1962 to submit, after due inquiry there was

approval for allotment in favour of his client, belonging to category

under clause (e).

4. Mr. Rout, learned advocate, Additional Standing Counsel

appears for the State and submits, counter has been filed. The District

// 3 //

Industries Centre (DIC) had forwarded recommendation of allotment

of the plot to petitioner but it falls within lands reserved for future

requirements of Government and other public purposes. In the

circumstances, the Tahsildar and thereafter the appellate authority

correctly rejected petitioner's representation for allotment of that

particular plot. Petitioner has been told, he can choose a plot under the

category of land reserved for setting up of small or medium scale

industries. He submits, procedure has been followed as provided in rule

3(3) under Odisha Government Land Settlement Rules, 1983.

5. In facts and circumstances aforesaid, petitioner cannot be said

to have a vested right to obtain allotment of the plot on strength of

recommendation by the DIC. The industries department and the

department dealing with allotment of land are separate departments,

even though the Collector and District Magistrate had chaired the

meeting on issuance of approval of petitioner's application. This is

what has caused petitioner to expect and assert claim for the allotment.

6. However, petitioner intends to set up a small industry, which is

in line with stated policy of the State. In the circumstances, State is

obliged to take forward its policy by allotting land, to enable

establishment of a small scale industry going towards industrialization

of the State.

// 4 //

7. In accepting contention of State we direct opposite party no.1,

itself or through the office, duly authorized in that behalf, to inform

petitioner of lands in or adjacent to Barbil Municipality that have been

reserved for setting up small or medium scale industries. We clarify

that detailed information of such reserved lands is to be given to

petitioner, within three weeks of communication. Petitioner will have

four weeks thereafter to take inspection and become aware of the

situation, regarding available Government lands earmarked for purpose

OF setting up small industries. Within that time petitioner can apply for

allotment of a plot of choice, from those available.

8. The writ petition is disposed of.

(Arindam Sinha) Judge

(S.K. Mishra) Judge Sks

SISIR Digitally signed by SISIR KUMAR KUMAR SETHI Date: 2023.05.04 SETHI 18:52:27 +05'30'