CUTTACK: A division bench of Orissa High Court on Monday asked the State Government counsel to take instruction after hearing a petition that challenged the regularisation of unauthorised construction through a Government notification.
Acting on a writ petition filed by Subash Mohapatra, who challenged the June 20 notification of the Housing and Urban Development department, the bench comprising Chief Justice Vineet Saran and Justice BR Sarangi asked the Government advocate to take instruction on the matter.
The petitioner had challenged the notification by alleging that it was ultra vires of the Constitution and against the spirit of the law of the land. Mohapatra alleged that a writ petition is pending before the court where relief has been sought to demolish unauthorised constructions under Bhubaneswar Development Authority.
While the matter is pending and the Government is in knowledge of the writ petition, issue of another notification is illegal, arbitrary and contemptuous.