Latest news with #OdishaPreventionofLandEncroachmentAct
Scroll.in
25-06-2025
- Scroll.in
Orissa HC orders state government to pay Rs 10 lakh for illegal demolition
The Orissa High Court has ordered the Odisha government to pay Rs 10 lakh as compensation for illegally demolishing a structure belonging to a community centre. Of the Rs 10 lakh, Rs 2 lakh will be recovered from the salary of a tehsildar, the court said in its June 20 order. Justice Sanjeeb Kumar Panigrahi said that the court had taken serious note of the conduct of the tehsildar, 'whose actions in this case reflect a steady and conscious departure from the standards expected of a responsible' official. 'When judicial directions were first issued, there was an opportunity to act with restraint and deference to the process of law…' the bench said. 'It was a deliberate act taken while judicial consideration was still underway.' The community centre in Cuttack district's Athagarh was located on a plot of land that was classified as a grazing ground, which falls under the 1972 Odisha Prevention of Land Encroachment Act. The centre purportedly existed in some form since 1985. It was reconstructed between 2016 and 2018 using public funds sanctioned under the state government's Ama Gaon Ama Vikas Yojana and the Member of Legislative Assembly Local Area Development Fund. While the authorities had never objected to the structure in the past, encroachment proceedings were initiated in July 2024 under the Odisha Prevention of Land Encroachment Act. The petitioners in the matter had challenged the encroachment notice in the High Court, which had rejected the plea citing a lack of evidence of continuous possession and absence of resolution, among other reasons. The petitioners had challenged the rejection of their plea before the sub-collector, who was the appellate authority. In November, the High Court had directed the authorities not to evict the community centre while the appeal was pending. However, a fresh eviction notice was issued in December. When the notice was challenged, the High Court reiterated its stay on December 13. The same day, the sub-collector reserved the order on the appeal and a demolition notice was attached. The following morning, the structure was demolished. The petitioners alleged that they were not given time to challenge the demolition notice and vacate the premises. To this end, the petitioners had filed a contempt plea. The High Court said in its June 20 order that the authorities had not only breached procedural safeguards mandated by the Supreme Court, but also shown disregard for constitutional processes. In November, the Supreme Court had said that processes must be followed before removing allegedly illegal encroachments. The structure was demolished while the appellate authority had not pronounced its final order, the High Court said. '...when the hearing concluded and the order was reserved, the tahasildar proceeded not with circumspection, but with haste,' the court said in its order.
New Indian Express
23-05-2025
- Politics
- New Indian Express
Free Government land of encroachments in three months: Odisha HC
CUTTACK: In a significant order, the Orissa High Court has directed the state government to 'make extensive enquiry' on encroachments over government land by competent authorities and on confirmation, remove the infringements within three months. The court issued the direction by way of a guideline while disposing of a PIL recently. The division bench of Chief Justice Harish Tandon and Justice MS Raman said, 'The state shall make an extensive enquiry and/or investigation in relation to an encroachment over the government land by engaging the competent authorities including the amin for relay and survey of the plots.' If the land is found to have been encroached upon, the government should take steps to remove them invoking the provisions of Odisha Prevention of Land Encroachment Act, 1972. 'The removal of encroachments should not exceed beyond three months from the date of the report of the surveyor/amin or the other competent authority,' the bench said. Kamala Singh, a social activist, filed the PIL alleging that the government is showing apathetic attitude in not taking any steps for removal of encroachments over one acre of government land (forest category) near Belpal under Badasahi tehsil in Mayurbhanj district. The alleged encroachments were in the form of a furniture manufacturing unit, an oil mill and parking of transport vehicles and tractors.
Time of India
22-05-2025
- Politics
- Time of India
HC directs govt to act against encroachers
Cuttack: Orissa high court has come down heavily against encroachers and has directed the state to rid govt land of illegal settlers within three months of confirmation by a competent authority. Issuing a set of guidelines to the govt, the two-judge bench of Chief Justice Harish Tandon and Justice M S Raman said, "The state shall make an extensive enquiry and/or investigation in relation to an encroachment over govt land by engaging competent authorities including the Amin for relay and survey of the plots belonging to the govt." The bench stated that upon such exercise, if govt land is found to have been encroached upon, the state shall immediately take steps as permissible under law for eviction, particularly invoking provisions of the Odisha Prevention of Land Encroachment Act, 1972. "Removal of the encroachments should not exceed beyond three months from the date of the report of the surveyor/Amin or the other competent authority," the bench said while disposing of a PIL recently. The PIL concerned the alleged thriving of a furniture manufacturing unit, an oil mill and parking area for transport vehicles and tractors over nearly one acre of encroached govt land (forest category) near Belpal under Badasahi tehsil in Mayurbhanj district. In the petition, social activist Kamala Singh alleged that the govt is not taking any steps for their removal. Advocate Pravas Chandra Jena made submissions on the petitioner's behalf.
