Authority: High Court of Odisha at Cuttack
Order Date: 30 July 2026
Case Overview
- Parties: Petitioner Bijayananda Mohanty vs. State of Odisha & Ors.; the order under challenge was issued by the DC‑cum‑A.O. (ODA Court) of Bhubaneswar Municipal Corporation.
- Nature of Proceedings: Writ Petition (Civil) No.24011 of 2026 filed under Article 226 of the Constitution seeking quash of the demolition/sealing order dated 21 July 2026.
- Background: The petitioner was allotted plot No. A/5 HIG‑1, Lingaraj Vihar, Mouza‑Bhimpur, PS‑Airport, Bhubaneswar (Khordha district). He established a small health‑care unit (OPD and medicine) within the plot to serve poor people. The municipal authority alleged the structure was constructed for commercial purposes and, without granting a hearing, ordered its seal, closure, and demolition.
- Petitioner’s Submissions: The petitioner contended that the health‑care unit was non‑commercial, posed no public obstruction, and that the authority had not afforded him a hearing before issuing the demolition order.
- Court’s Observations: The Court noted the petitioner's lack of opportunity of hearing and the pending consideration of the alleged commercial nature of the structure.
Final Outcome
- The Court directed the petitioner to file an appeal before the Appellate Authority under Section 91(2) of the Odisha Development Authorities Act within 30 days from the date of the order, along with an application for condonation of any delay.
- The Appellate Authority is instructed to condone any delay liberally and to pass a reasoned order within one month of receiving the appeal.
- Until the appeal is filed, no coercive action (including sealing, closure, or demolition) shall be taken against the petitioner.
- The writ petition is hereby disposed of.
- The web copy of the order is to be treated as an authenticated copy.
Topics: Legal Dispute, Urban Development