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New Indian Express
6 days ago
- Politics
- New Indian Express
Orissa High Court upholds eviction of religious structure from govt land in Rajgangpur
CUTTACK: In a significant judgment, the Orissa High Court has upheld the eviction of a religious structure located on government land in Rajgangpur municipality of Sundargarh district. The order passed by Justice SK Panigrahi on July 18 dismissed a writ petition filed by the managing committee of Lal Baba Dargah (Mazahar), challenging their eviction initiated by local authorities in 2015. The petitioner had contested the eviction proceedings initiated by the sub-collector-cum-estate officer, Sadar, Sundargarh under the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972. The eviction order, passed on September 26, 2015, was subsequently upheld by the collector of Sundargarh on July 19, 2016. The petitioner had sought quashing of both orders. At the core of the dispute was whether the land in question, classified as Rasta (road), qualified as 'public premises' under the 1972 Act. The court observed that the land lies within the jurisdiction of Rajgangpur municipality and recorded in the name of state government, which clearly place it within the statutory definition of 'public premises.' Justice Panigrahi noted that the classification of the land as Rasta only reaffirmed its public character and did not preclude action under the Eviction Act. He rejected the petitioner's argument that such land should be treated differently, terming the contention as 'misconceived' and 'contrary to the plain language' of the statute. The court further ruled that the existence of structures for religious or public purposes cannot legitimise unauthorised occupation of government land unless such occupation is regularised under law. 'No amount of well-intentioned justification can override the statutory restrictions,' the judgment stated.


Time of India
22-07-2025
- Time of India
HC upholds eviction of unauthorised structure on govt land
Cuttack: Orissa high court has upheld eviction proceedings against a religious structure situated on govt land under Rajgangpur Municipality area of Sundargarh district. In a July 18 judgment, Justice S K Panigrahi dismissed the writ petition filed by the petitioner, bringing to an end a decade-old legal battle. The structure is said to be more than 40 years old. The petitioner had challenged the 2015 eviction order passed by the sub-collector-cum-estate officer (Sadar), Sundargarh, under the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972. The order was later upheld by the Sundargarh district collector in 2016. The petitioner contended that the land, recorded as rasta (road), could not be treated as "public premises" under the Act and cited the existence of long-standing structures used for religious purposes. However, the court rejected the argument, observing that the land fell squarely within the definition of "public premises" as it lies within the municipal limits of Rajgangpur, and is recorded in the name of the state govt. "The classification as rasta affirms its public character and reinforces its inclusion within the scope of the statute," the court noted. Justice Panigrahi held that the Orissa Public Premises Act provides a clear legal mechanism for evicting unauthorised occupants from public land and that no distinction could be drawn between different types of govt land when it comes to enforcement. The court further observed that even if the structure was serving public or religious purposes, such unauthorised occupation cannot be regularised without due legal sanction.