Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ori) 314

IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, CJ., MURAHARI SRI RAMAN, J.
Surjyakanta Sahoo - Petitioner
Versus
State of Odisha and others - Opposite Parties
W.P.(C) No.16278 of 2025
Decided On : 09-12-2025

Advocates:
Advocate Appeared:
For the Appellant :Mr. Pitambar Panda, Advocate
For the Respondent:Ms. Suman Pattanayak, AGA Mr. Karunakar Rath, Advocate

Court mandated prompt governmental action on unauthorized encroachments affecting public infrastructure, reinforcing statutory compliance in addressing land encroachment issues.

Headnote:(A) Odisha Prevention of Land Encroachment Act, 1972 - Section 3 - Unauthorized encroachment of Government land causing obstruction to road widening and drainage construction - The administration failed to address encroachment despite notices, necessitating Court intervention to expedite resolution. (Paras 1, 2, 7)

(B) Public Interest Litigation - Writ jurisdiction invoked to seek removal of encroachments and completion of civic projects - Court directed expedited action by authorities following the Government's action plan. (Paras 4, 6, 7)

Facts of the case:
The petitioner represented public interest pertaining to encroachments on Government land that hindered road widening and drainage projects in Balasore, which led to this writ petition.

Findings of Court:
The Court determined the necessity of resolving encroachment issues urgently, directing the formation of a Committee to facilitate actions to remove encroachments and complete infrastructure projects.

Issues: The critical issue was the expeditious removal of unauthorized encroachments to enable road expansion and drainage infrastructure development.

Ratio Decidendi: The Court reinforced the obligation of Government authorities to function within statutory frameworks to resolve encroachments, emphasizing the enforcement of timelines established in the governmental action plan.

Result: Writ petition disposed; authorities directed to expedite encroachment removal.

Table of Content
1. unauthorized encroachment on public land. (Para 1 , 2 , 3)
2. authority's request for eviction of encroachments. (Para 4 , 5)
3. government action plan for eviction and complaint resolution. (Para 6 , 7)
4. dismissal of the petition with directions. (Para 8)

ORDER :

1. Unauthorized encroachment over the Government land/public road bearing Plot Nos.463 and 464 under Khata No.405 pertaining to Bhaskarganj Mouza, Unit No.10 of Balasore led the petitioner to approach this Court by way of filing this writ petition in the nature of Public Interest Litigation.

2. Due to heavy traffic near the flyover bridge connecting to OT road and the National Highway from Kuruda at Tamulia Chhak to Fakir Mohan Golei Chhak, the Government has sanctioned funds for widening of road and construction of drainage. Though certain stretch of road has been completed, on account of encroachments over the Government land, the work could not get accomplished. Though the administration/Executive Officer of Balasore Municipality afforded opportunity of personal hearing and requested the encroachers to vacate the unauthorized occupation, the matter could not be resolved.

2.1. The Executive Officer having given notices for vacation of the land so encroached and demolition of constructions over the Government land for the purpose of construction of drain and widening of the road, the encroachers have paid least heed to the orders of such Officers.

3. Learned counsel appearing for the petitioner referring to a letter dated 21^st September, 2019 issued by the Sub-Divisional Magistrate, Balasore to the Superintendent of Police, Balasore requesting for deployment of personnel to assist in eviction of unauthorized roadside encroachment from Hari Plaza to Fakir Mohan Golei, Balasore, the same have not been made as yet.

4. Learned counsel appearing for opposite party no.7- Balasore Municipality relying on Jagpal Singh and others Vs. State of Punjab and others, AIR 2011 SC 1123 and order dated 23^rd June, 2025 passed by the learned Single Judge of this Court in WP(C) No.6156 of 2025 submitted that direction can be given to the authorities concerned for resolving the issue with regard to eviction of encroachment and demolition of the legal construction over the Government land.

4.1. It is also submitted that direction may also be issued for completing the unfinished work so as to facilitate widening of the road and construction of the drain.

5. It is submitted by the learned Additional Government Advocate referring to the counter affidavit that a writ petition, bearing W.P.(C) No.7347 of 2025 (Purna Chandra Barik Vrs. State of Odisha), was taken out in the context of demotion of the Market Complex situated over Khata No.405, Mouza: Bhaskarganj, Unit: 10 of Balasore wherein vide Order dated 23.06.2025 it has been directed that:

“7. Earlier, this Court vide order dated 13.05.2025 had appointed two Court Commissioners and the said Court Commissioners had visited the spot and have opined that widening of the existing four lane road to six lane road can be made by some slightest modification of the market complex for which the shop keepers and the municipal authorities may be relegated to a mediation process. The Collector, Balasore shall convene a meeting with the shop keepers and they will reach at some modality to widen the road and construct the drain.

8. It is revealed from the report of the Court Commissioners that the said widening exercise shall not affect to any shop keepers as the road is already wide, only the authority should take steps to expand it further.

9. Since the report submitted by the Municipality and the Tahasildar on previous occasions is contradictory to the report submitted by the Court Commissioners, the Committee shall explore the possibility of a fair solution to the issue, so that the need for widening the road be undertaken in a balanced manner without affecting the shop keepers’ livelihood and that of the common man who use the road.

10. It is