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 law.

JUDGMENT :

Dr. Sanjeeb K Panigrahi, J.

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.

2. In W.P.(C) No. 12057 of 2023, the Petitioners call in question the action of the Opposite Parties in declining to settle the land in their favour in respect of Shantipalli Basti, situated at Sahid Nagar under the jurisdiction of the Bhubaneswar Municipal Corporation (BMC) and Bhubaneswar Development Authority (BDA). The Petitioners further allege that the authorities have issued instructions through loudspeakers directing them to vacate the basti, without adhering to the safeguards enunciated by the Hon’ble Supreme Court in Olga Tellis and Others v. Bombay Municipal Corporation and Others, as well as the principles reiterated by this Court in (Mrs.) Rutupurna Mohanty, Managing Trustee, Maa Ghara Foundation & 43 Others v. State of Odisha & Others, Writ Petition (C) No. 11667 of 2010.

I. FACTUAL MATRIX OF THE CASE:

3. Succinctly put, the facts of the case are as narrated by the Petitioners in the Writ Petition as follows:

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.

ii. It is stated that presently more than 400 families reside in Shantipalli Basti, all of whom have been identified as slum dwellers. A substantial number of them belong to the Scheduled Castes, Scheduled Tribes, and other weaker sections. For the welfare of the inhabitants, the State Government has established a school as well as two Anganwadi Centres within or adjacent to the basti, where the children of the locality regularly attend.

iii. The Petitioners further submit that, upon due verification of their residence and identity, the State Administration has issued Ration Cards, Voter Identity Cards, and Aadhaar Cards to the inhabitants. They further assert that the residents have been living in the said locality for three to four generations, with full knowledge of all concerned authorities, including the Bhubaneswar Municipal Corporation (BMC) and the Bhubaneswar Development Authority (BDA).

iv. It is also averred that the District Administration has provided essential civic amenities to Shantipalli Basti by installing drinking-water facilities, including water tanks and tube wells. Several residents have also obtained electricity connections, though some still remain without access to electricity.

v. According to the Petitioners, no notice of any kind has been issued to the inhabitants by the District Administration, BMC, or BDA regarding demolition or eviction. Nonetheless, they allege that they have been orally instructed, through loudspeaker announcements, to vacate the basti and surrender the land, purportedly to facilitate construction of an apartment project by private builders.

vi. The Petitioners further state that the members of the Self-Help Group, along with other inhabitants of the basti, submitted a representation dated 10.10.2017 before the Chief Secretary, Government of Odisha, seeking rehabilitation in accordance with the applicable Government guidelines. However, des