IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Tarun Kumar Mohanta – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
B.P. Routray, J.
1. Heard Mr. S.S. Panda, learned Advocate for the Petitioner and Mr. D. Nayak, learned Additional Government Advocate for State-Opposite Party.
2. The Petitioner challenges the impugned notice dated 03.01.2026 issued by the Tahasildar, Rairangpur under Annexure-6 directing for eviction of unauthorized encroachment of the Petitioner while rejecting his contention questioning the authority of the Tahasildar to proceed under the Odisha Prevention of Land Encroachment Act, 1972 (hereinafter referred as “OPLE Act”).
3. The entire contention of the Petitioner is that that Tahasildar, Rairangpur (Opposite Party No.2) has no jurisdiction to proceed under the OPLE Act within Rairangpur Municipality area as the provisions of the OPLE Act is not applicable to such lands.
4. A Division Bench of our Court in Jasobant Parida vs. State of Odisha and others , 2024 (I) OLR—278, while dealing with an order of eviction issued under the provisions of OPLE Act has answered a similar issue that, any premises situated within the jurisdiction of a Municipality or within an area declared by the State Government to be an industrial estate, it can be construed to be a public premises a
The court ruled that eviction proceedings for unauthorized occupation in municipal areas must adhere to the Odisha Public Premises Act, not the Odisha Prevention of Land Encroachment Act, reaffirming....
Eviction proceedings initiated under the Odisha Prevention of Land Encroachment Act in urban areas are without jurisdiction; the Odisha Public Premises Act governs such matters.
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.
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....
Eviction orders concerning disputed land must defer to ongoing civil proceedings, establishing land ownership is a matter for the civil court, not administrative authorities.
The classification of land as 'Rasta' falls under the definition of 'public premises' in the eviction statute, thus the eviction proceedings initiated against unauthorized occupants are legally valid....
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....
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....
Removal of nuisance – If a proceedee does not perform act as warranted by conditional order or fails to appear and show cause against conditional order, he shall be liable to prosecution under Sectio....
The petitioner failed to demonstrate a legal right to remain on government land, with unauthorized possession lacking sufficient evidence for entitlement under the OPLE Act.
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