AI Structured Summary
Not yet generated for this judgment
Judgment
Biswanath Rath, J.—These are the batch of cases where the petitioner in the respective cases has assailed the impugned orders mentioned there in the prayer portion of each of the writ petitions. Perusal of the impugned orders in the respective writ petitions, it appears that the impugned orders are issued in exercise of powers as contained in Orissa Development Authorities Act, 1982.
In view of the judgment dated 20.2.2015 delivered in O.J.C. No. 2816 of 2000 vide paragraphs- 25, 26, 27, 28, 29, 30, 31 and 32, this court has already held that Puri-Konark Development Authority is an instrumentality of the Environment Protection Act, 1986 as well a functionary of Costal Regulation Zone-II and has to act remaining within the provisions of the Coastal Regulation Zone notification and the law applicable therein such as Orissa Municipal Act, 1950 and the Orissa Municipal Rules, 1953 contained thereunder and the subsequent notifications in this regard by competent Authority. Judgement delivered in O.J.C. No. 2816 of 2000 shall form part of this judgment.
Under the circumstances, this Court sets aside the impugned orders involved in each of the writ petition indicated hereinabove and remits the matters back to the Puri-Konark Development Authority for considering the maters of irregularity, if any, complying the provisions as contained in the notification for Costal Regulation Zone as well as Municipal Act, 1950 and Municipal Rules, 1953 and any subsequent notifications in the said regard, after giving opportunity of show cause and hearing to the petitioner concerned.
These writ petitions succeed to the above extent. However, there shall be no order as to cost.