IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K.PANIGRAHI
Purna Chandra Barik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. background of eviction and demolition controversies (Para 1 , 2 , 3) |
| 2. petitioners challenge eviction as arbitrary and without due process (Para 4 , 5) |
| 3. court stresses public rights over individual claims (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. historical unauthorized occupation doesn't confer rights (Para 13 , 14) |
| 5. committee formation and public project compliance (Para 15 , 16 , 17) |
| 6. state's right to manage public property upheld (Para 18 , 19 , 20 , 21 , 22) |
| 7. writ petitions dismissed; monitoring committee established (Para 23 , 24 , 25) |
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, consultat
Public streets are not meant for private business, and unauthorized occupation does not confer rights or protections under the law.
Public interest in infrastructure development supersedes individual claims of encroachers, confirming no legal rights exist to continue occupation of government land. Authorities must act lawfully wh....
The court ruled that unlawful encroachers cannot claim rights under slum rehabilitation laws, reinforcing the supremacy of environmental protections and legal accountability.
Public properties such as footpaths, streets, and pavements are intended for the convenience of the general public and cannot be used for private purposes. The competent authority has a duty to promp....
Administrative actions resulting in civil consequences must adhere to principles of natural justice, including providing notice and opportunity to be heard.
The petitioners must provide evidence that the place was declared as a vending zone by the competent authority, and possession of the land is a crucial factor in determining the applicability of the ....
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