IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Surjyakanta Sahoo – Appellant
Versus
State of Odisha – Respondent
| 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

Court mandated prompt governmental action on unauthorized encroachments affecting public infrastructure, reinforcing statutory compliance in addressing land encroachment issues.
Encroachment on government land is a criminal trespass that necessitates prompt state action, emphasizing public trust in land management and the prioritization of communal rights over private claims....
Timely administrative action is essential to address land encroachments effectively.
Eviction orders concerning disputed land must defer to ongoing civil proceedings, establishing land ownership is a matter for the civil court, not administrative authorities.
encroachment of Land - photographs cannot give clear picture about the fact that whether road has been encroached upon or not and to what extent it is encroached upon and the same is encroached upon ....
The court affirmed procedural compliance with eviction notices under the Tamil Nadu Land Encroachment Act, ensuring enforcement against unlawful encroachments.
Only the designated authority under the Orissa Prevention of Land Encroachment Act can initiate eviction proceedings, and unauthorized occupants cannot claim legal rights to public land.
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