Smt. Nayana Chhualsingh vs State Of Odisha And Others

I.A. 232 of 2019

There is a stay granted in this matter since 21st January 2019 on the continuation of the construction of a Kalyan Mandap on a Plot No.162 of village Panchupalli in District of Khurda with the Petitioner contending that it was a school play ground.

In the reply filed by the Block Development Officer (BDO), it is pointed out that this was Rs.35lakh project under SFS Scheme for creation of capital assets of the Panchupalli Gram Panchayat (GP) for revenue generation and was technically sanctioned by the Additional Project Director (DRDA), Khurda on 10th May 2018 itself.

Although the Kisam of the land was “play ground”, it was evident from the report of the Revenue Inspector, Kudiary that the school was no longer functioning as it was closed down since long. In other words, there is no school existing over Plot No.162 or even near Plot No.162.

Further, the school in question was earlier established over Plot No.173, Khata No.406 more than 200 meters away whereas Plot No.162 was supposed to be the playground for the school. With the school itself having closed down, the question of depriving children studying therein of the playground did not even arise. Even the temple was more than 100 meters away facing the road towards north whereas Kalyan Mandap was going to be facing east.

A rejoinder was filed by the Petitioner contending that guidelines of 13th July 2017 which required tendering for projects exceeding Rs.5 lakhs, was not followed.

In the reply filed to the rejoinder, it is pointed out that the said guidelines did not supersede the earlier guidelines dated 2nd July 2015 regarding creating of capital assets under revenue generation head. It is pointed out that for such projects, which are revenue generating, no tender was required even it was more than Rs.5 lakhs.

It transpires therefore that the factual position on the ground i.e., no school functioning in the area in question has removed the justification for any interim order to continue.

Accordingly, while vacating the stay order passed by this Court on 21st January 2019, this Court notes that with already Rs.6.5 lakhs having been spent on the construction of the Kalyan Mandap, the said construction should now proceed in accordance with law.

The application is accordingly dismissed in the above terms.

W.P.(C) No.281 of 2019

Learned counsel for the Petitioner states that he is not prepared to argue the main petition today and seeks an adjournment.

List on 9th October, 2023.

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