The main legal point established in the judgment is the requirement for sufficient material to justify the need for an enquiry into alleged illegal acquisition and possession of land.

JUDGMENT :

R.K. PATTANAIK, J.

1. Instant writ petition is at the behest of the Petitioner under Articles 226 and 227 of the Constitution of India, 1950 for issuance of a writ of mandamus or directions of like nature to the Opposite Parties to summarily evict the encroacher from the case land; to direct O.P. Nos. 3 and 4 to enquire into the allegation regarding forcible occupation of gochar, anabadi and endowment land by O.P. No. 5 with reference to the provisions of the Orissa Government Land Settlement Act, 1983 (hereinafter referred to as ‘the OGLS Act’) to stop construction work over the land in question; and also to pass appropriate orders deemed just and proper in the facts and circumstances of the case.

2. The Petitioner approached this Court challenging the action of O.P. Nos. 1 to 4 in allowing O.P. No. 5 for raising a construction of a grinding unit over an area of 100 acres of land for production of cement from a unit at Haridaspur, PS/Tahasil-Dharmasala. According to the Petitioner, the above factory is proposed over the agricultural land with human habitation having number of villages around which is likely to affect a population of 30,000 on account of pollution and other hazards. As per the claim of the Petitioner, O.P. No. 5 is said to have encroached huge area of gochar land and has surrounded it by a boundary wall without any sanction and approval of the revenue authorities and that apart, lands which are recorded with Lord Jagannath and in the name of Bhagabat Gosain over plot Nos. 917, 925 and 942 under Khata No. 168/19 situated in Nanapur mouza have also been illegally possessed in contravention of the endowment law. The Petitioner alleged that the local administration clandestinely changed the kisam of gochar of land in order to facilitate its transfer in favour of O.P. No. 5 through the Industrial Infrastructure Development Corporation, Orissa (IDCO) and the above action is contrary to law as the Supreme Court of India deprecated the utilization of gochar land and even regularizing the possession of unauthorized occupants. It has been further claimed by the Petitioner that a representation was submitted to O.P. No. 4 with a copy to O.P. No. 3 for eviction of O.P. No. 5 for its unauthorized possession of the schedule land but no action was taken thereon and not only that, the Board of Revenue was also approached for a direction to O.P. No. 3 to cancel the de-reservation orders. With the above contention, the Petitioner pleaded that not only the gochar land was diverted for commercial purpose but also the endowment lands of the deities were handed over to O.P. No. 5 for construction of the cement factory in gross violation of the provisions of law which, therefore, requires an enquiry followed by eviction of the illegal occupier and thereby restoring the land to the Government.

3. Heard Mr. S. Mishra in person, Mr. Ishwar Mohanty, learned ASC for O.P. Nos. 1 to 4 and Mr. B.P. Mohanty, learned counsel for O.P. No. 5.

4. O.P. No. 5 filed a counter affidavit denying all the allegations of the Petitioner and pleaded that there is no cause of action to bring the litigation and material facts have also been suppressed and therefore, the matter deserves to be dismissed in limini. It is pleaded by O.P. No. 5 that the instant writ petition is filed suppressing the fact of an earlier proceeding for the self-same cause of action disposed of by the National Green Tribunal in O.A. No. 12 of 2015(EZ), wherein, by order dated 18th December, 2019, a Committee was constituted to inspect the project in question and verify the allegations and to take appropriate action against the project proponent, if such allegation is found to be correct. Further pleaded by O.P. No. 5 that after obtaining necessary permission from O.P. No. 3 under the OLR Act, large extent of land measuring an area of 152 acres was purchased and also obtained approval in respect thereof besides permission from statutory authorities for the said purpose and afte