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IN THE HIGH COURT OF ORISSA, CUTTACK
HARISH TANDON, C.J., MURAHARI SRI RAMAN
Bijay Kumar Moharana (dead), Son of Arjun Moharana – Appellant
Versus
State of Odisha Represented through Seceretary Revenue and Disaster Management Department – Respondent
| Table of Content |
|---|
| 1. details of encroachment claims and governmental inaction. (Para 1 , 2) |
| 2. digestion of legal arguments regarding evictions. (Para 3 , 6 , 7) |
| 3. final orders and enforcement directives against encroachers. (Para 4 , 10) |
ORDER :
MURAHARI SRI RAMAN, J.
The petitioners, claiming to be residents of Village Bhagabatipur under Soran Gram Panchayat, under Tangi Police Station in the district of Khordha, filed the present writ petition in the nature of Public Interest Litigation beseeching indulgence of this Court by issue of writ of mandamus to the opposite party Nos.1 to 7, to evict the encroachers-opposite party Nos.8 to 27 and demolish unauthorised structures standing over the Government land, particularly on Plot No.1793 in Sabik Khata No.970 (corresponding to Plot No.2115 in Hal Khata No.1096) covering an Area of Ac.03.430decs situated in Bhagabatipur Mouza within the jurisdiction of Chilika Tahasil, District: Khordha.
2. Facts adumbrated in the writ petition emanate that encroachers have constructed permanent structures over the aforesaid land having kissam: "Gochar" [pasture] in "Rakshit" [reserved] Khata[ Section 2 (a) of the Odisha Communal Forest and Private Lands
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....
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.
Eviction orders concerning disputed land must defer to ongoing civil proceedings, establishing land ownership is a matter for the civil court, not administrative authorities.
Court mandated prompt governmental action on unauthorized encroachments affecting public infrastructure, reinforcing statutory compliance in addressing land encroachment issues.
Notified protected forest land encroached upon must be immediately cleared and restored to forest department per demarcation reports, rejecting regularization via denied diversion/exchange applicatio....
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....
Illegal encroachment of protected forest land is a violation of statutory provisions, requiring immediate removal to prevent ecological damage and uphold property rights of the state.
Government authorities must enforce forest protection laws against encroachment, ensuring compliance with environmental regulations to restore designated areas.
Unauthorized occupation of government land cannot create rights, and mere communal use does not justify settlement under the OPLE Act, especially when the land is earmarked for public developmental p....
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