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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K PANIGRAHI
Khetrabasi Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. writ petitions introduce issues of land occupation. (Para 1 , 2 , 3) |
| 2. petitioners argue their long-term habitation rights. (Para 4 , 5 , 6) |
| 3. court's analysis emphasizes legality of redevelopment schemes. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. court disposes of writ petitions, evicting petitioners. (Para 28 , 29) |
JUDGMENT :
1. Since the issues raised in all the Writ Petitions referred to above involve common questions of fact and law, they were heard analogously and are being disposed of by this common judgment. For the sake of convenience and effective adjudication, W.P.(C) No. 12057 of 2023 is treated as the lead case.
I. FACTUAL MATRIX OF THE CASE:
i. The Petitioners assert that their father, grandfather, and great-grandfather have been residing in Shantipalli Basti for several decades, and that they themselves are long-standing slum dwellers. It is contended that the Government of Odisha has launched the ‘Jaga Mission’ to recognize, upgrade, and rehabilitate slum dwellers across the State, and the Petitioners claim entitlement to its benefits.
iii. The Petitioners further submit that, upon due
Long-term possession of public land does not confer legal ownership; statutory frameworks for rehabilitation must be followed, emphasizing rights to fair processes in eviction under constitutional la....
The court affirmed that the Petitioners, claiming tribal allotment rights, failed to prove ownership of the land, thus upholding the Slum Rehabilitation Scheme's implementation and eviction orders.
The court ruled that unlawful encroachers cannot claim rights under slum rehabilitation laws, reinforcing the supremacy of environmental protections and legal accountability.
Court upheld the status of petitioners as slum dwellers under the Slum Rehabilitation Scheme, denying claims for larger commercial premises due to expired lease rights and unauthorized expansions, em....
Eviction of slum dwellers without due process violates fundamental rights, necessitating compensation and adequate housing provisions for affected individuals.
The court reaffirmed that the preferential right of a landowner over slum redevelopment schemes must be respected before any acquisition is initiated under relevant legislation.
The main legal point established in the judgment is that the PESA Act, Forest Rights Act, and RTFCATILA, RAR Act, 2013 were not applicable to the petitioners' case, and the Orissa Rehabilitation and ....
The Odisha Prevention of Land Encroachment Act allows lawful eviction of unauthorized occupants, without conferring title, emphasizing adherence to procedural fairness and the validity of eviction or....
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