Public streets are not meant for private business, and unauthorized occupation does not confer rights or protections under the law.

JUDGMENT :

SANJEEB K. PANIGRAHI, J.

1. Since both the Writ Petitions and the contempt petitions arise out of the same factual background and involve the same issue, those were heard together. However, this Court finds it appropriate to treat W.P.(C) No.28085 of 2025 as the leading case for proper adjudication of these matters.

2. In W.P.(C) No.28085 of 2025, the petitioners seek a direction from this Court to restrain the opposite parties from taking any coercive eviction or demolition action in respect of the market complexes, to enforce compliance with this Court’s earlier order dated 23.06.2025, and to ensure a fair, consultative process with due consideration to livelihood and rehabilitation before undertaking road-widening or drainage works.

I. FACTUAL MATRIX OF THE CASE

3. The brief facts of the case are as follows:

(i) The dispute concerns proposed eviction/demolition affecting shop rooms in Golden Jubilee Market Complex and Arunodaya Market Complex within Balasore Municipality, connected to road widening/drainage work in Balasore town.

(ii) The market complexes are stated to be situated over land under Khata No. 405, Mouza Bhaskarganj, P.S. Balasore Town, Unit No. 10, Balasore; the land is described as recorded in the name of the Public Works Department (PWD), Odisha.

(iii) The Petitioners claim that there are 50+ shop rooms in the said complexes and that the shops have been in operation for over 30 years, with Petitioners being shop room owners/occupiers dependent on the shops for livelihood.

(iv) In August 2024, notices/communications were issued by Balasore Municipality asking shop owners to vacate; the Petitioners also refer to a representation made by a market complex action committee in response.

(v) The Petitioners approached the High Court earlier in W.P.(C) No. 7347 of 2025 and a connected matter W.P.(C) No. 6156 of 2025 was also pending; the two matters were subsequently heard together.

(vi) On 13.03.2025, an interim order was passed in the earlier writ proceedings directing that no coercive action be taken against the shopkeepers pursuant to the eviction/demolition steps, till the next date of listing.

(vii) On 13.05.2025, the this Court appointed Court Commissioners to inspect the site and examine the extent of road obstruction, status of shop ownership/tenancy/sub-letting, and to explore a solution balancing development work with livelihoods.

(viii) The Court Commissioners conducted inspection on 24.05.2025 and filed an inspection report; the Petitioners rely on the report to contend the complexes were not obstructing the existing road, while the opposite parties maintain the structures constitute encroachment affecting the project.

(ix) By a common order dated 23.06.2025, the High Court disposed of the earlier writ petitions (W.P.(C) Nos. 7347/2025 and 6156/2025) and directed the Collector, Balasore to form a committee comprising the Collector, Sub-Collector/SDM, Executive Officer (Balasore Municipality), Tahasildar Sadar, and Superintending Engineer, PWD, to visit the spot, convene a meeting with shopkeepers, and ensure completion of the 400 meter road widening and related drainage work.

(x) The order dated 23.06.2025 also recorded that the committee should explore a fair/balanced solution considering road widening, drainage construction, shopkeepers’ livelihood and public convenience, and stated that no coercive action be taken against shopkeepers till the Collec