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.

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 (Prohibition of Alienation) Act, 1948 reads thus: "
(a) Communal land means;
(i) in relation to estates governed by the Madras Estates Land Act, 1 of 1908, land of the description mentioned in Sub-clause (a) or Sub-Clause (b) of Clause (16) of Section 3 of that Act : and
(ii) in relation to cases governed by the Orissa Tenancy Act, 11 of 1913, lands recorded as gochar rakshit, or sarbasadharan in the record-of-rights or waste lands which are either expressly or impliedly set apart for the common use of the villagers, whether recorded, as such, in the record-of-rights or not:"]recorded in the name of “Odisha Government”. The petitioners-villagers apprised such fact to different authorities on very many occasions right since 1990.

2.1. Considering the grievance of the petitioners/villagers, the Additional Tahasildar, Tangi issued letter to Revenue Inspector, Kuhudi citing letter vide Memo No.54(4), dated 25^th March, 1994 of Sarapanch, Soran Gram Panchayat whereby he was instructed to visit the spot and furnish the names of the encroachers along with current status of case records. The Sub-Collector, Khordha on receipt of complaint, issued letter No.253, dated 7^th April,1994 directing the Additional Tahasildar, Tangi “to stop all these new constructions immediately” and submit detailed report.

2.2. Despite such clear-cut instructions issued with respect to restrainment/injunction by the Sub-Collector, Khordha, no effective step has been taken to evict the encroachers. Objecting such indifference shown by the authorities, a resolution was passed in the Meeting of Soran Gram Panchayat Office on 24.08.2003 to intimate the fact to the Tahasildar, Banpur that though certain directions have been issued to demolish unauthorised structures, no step has been taken in this regard and accordingly, Sarpanch of Soran Gram Panchayat apprising detailed facts issued letter to said Tahasildar on 02.11.2003. As is apparent from letter dated 03.12.2009, the villagers of Soran again moved the Tahasildar, Chilika and also Sub-Collector, Khordha.

2.3. It is stated that the villagers also placed the aforesaid facts before the Chief Minister in Grievance Cell on 28th September, 2007, responding to which the Under Secretary to Chief Minister issued letter dated 28.11.2007 requesting the Collector and District Magistrate, Khordha to look into the grievance. As all the attempts went in vain, the villagers (petitioner No.1-Bijay Kumar Maharana) filed representation dated 3rd April, 2010 before the learned Lokpal. Further grievance petition dated 23^rd March, 2011 was also submitted to the learned Lokpal. Accordingly, a report was called for from the Tahasildar concerned, who submitted a report indicating institution of proceeding against the encroachers, in consequence of which the learn