Unauthorized occupation of public property cannot be justified by claims of fundamental rights; eviction notices against illegal occupants are lawful and valid.

JUDGMENT :

SANJEEB K. PANIGRAHI, J.

1. In both the Writ Petitions, the petitioners seek a direction from this Court to quash the eviction/show-cause notices dated 13.01.2025, restrain coercive dispossession and protect their possession and livelihood, contending that the impugned action violates statutory safeguards under the 2017 Act and the PPE Act, and offends principles of natural justice and Article 21.

I. FACTUAL MATRIX OF THE CASE:

2. Succinctly put, the facts of the case as narrated by the petitioners are as follows:

(i) The dispute arises from eviction/show-cause notices dated 13.01.2025 issued by Senior Section Engineer (Works), East Coast Railways, Srikakulam Division (O.P. No.4) calling upon occupants to vacate alleged encroached railway/public land within 15 days.

(ii) The petitioners claim to be landless/slum dwellers rehabilitated under Section 6 of the Odisha Land Rights to Slum Dwellers Act, 2017, and assert they have been residing since 2017 on small patches of land in Mouza Kapilapur/Kapilpur, Gunupur Tahasil/Municipality, District Rayagada.

(iii) The petitioners’ case proceeds on the footing that land/allotment pertains to Plot No.54/1 (about 200 sq. ft. each, as pleaded), and that they have constructed temporary sheds/dwellings for residence and livelihood after such allotment/recommendation by the district administration.

(iv) The petitioners rely on official indicia of settlement and residence such as allotment order(s)/Bhumi Adhikar Praman Patra (as pleaded), electricity and water connections, electricity bills, and MGNREGA job cards.

(v) The petitioners assail the eviction notices as contrary to the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, alleging that no proceeding was initiated by the Competent Authority/Estate Officer and no hearing/show-cause opportunity was granted before directing vacation.

(vi) In the State revenue counter (Tahasildar, Gunupur, O.P.3; filed on behalf of O.Ps.2 & 3), it is stated that a joint enquiry on 04.02.2025 was conducted by the Revenue Supervisor, Revenue Inspector and Amin, and an enquiry report/RoR were relied upon.

(vii)As per the Tahasildar’s stand across the counters, the occupation is not uniform: some petitioners are stated to be on Government land (Khata No.59, Plot No.54/1, kisam “Patito/Patitikissam”), while some are stated to be on Railway land (Khata No.65) connected to Plot No.54/2 (rail line kisam) and, in one narration, Plot No.57/1—all in Mouza Kapilapur/Kapilpur.

(viii) The counters also dispute/qualify the petitioners’ claim of valid rehabilitation documents: in one version, it is stated that only some petitioners (e.g., petitioner nos.1 & 3 in one pleading) have Bhumi Adhikar Praman Patra, whereas in another version it is stated that petitioners have not produced Bhumi Adhikar Praman Patra for the railway plots, and are in occupation over railway land recorded in favour of the Railways.

(ix) The Railway counter asserts that the Railways are custodian of railway land at Gunupur, and the SSE (Works) has duties under railway engineering/manual/code to prevent/remove encroachments and avoid development of easement rights, and that removal was sought without recourse to PPE Act where possible.

(x) The Railway counter further states that earlier notices/show-cause notices dated 14.07.2023 and 27.11.2023 were issued and, after passage of time, the 13.01.2025 notices were issued as final notices to remove encroachments within 15 days.

(xi) The Railway counter relies on stated Railway Board letters dated 26.11.2024 and 06.03.2025 and refers to directions/orders cited as SLP