ORDER

1. We have heard Mr. Biranchi Narayan Mahapatra, learned Counsel for the Applicant, Ms. Samapika Mishara, Additional Standing Counsel appearing (In Virtual Mode) for Respondent Nos.1,2,4 & 6, Ms. Papiya Banerjee Bihani, learned Counsel appearing (in Virtual Mode) for Respondent No.3, Mr. Surya Prasad Mishra, Learned Senior Counsel along with Mr. Ramesh Sahoo, learned Counsel appearing (in Virtual Mode) for Respondent No.5 and Mr. Sankar Prasad Pani, learned Counsel appearing (In Virtual Mode) in M.A.

No.15/2021/EZ for the applicant therein.

2. The Original Application No.82/2015/EZ was disposed of by the Tribunal vide judgment and order dated 24.08.2017 with the following directions:-

“We accordingly dispose of this OA granting the prayer made on behalf of the State which, in our view, appears to be reasonable. They shall complete the entire process of removal of encroachers from the ponds and its embankments and their rehabilitation within one year from hence.”

3. M.A. No.15/2021/EZ has been filed by the seventeen (17)

Applicants therein seeking interim stay against the eviction process initiated by the Respondent No.5 i.e., Berhampur Municipal Corporation in respect of the applicants. It is further prayed that the Tribunal may clarify its Order dated 24.08.2017 stating that the same is not applicable in respect of ‘Gram Kanth land’. A further prayer has been made to declare the eviction notice dated 13.11.2021 and the eviction attempt, without serving notice on the present applicants, is illegal and not in accordance with the Order of the National Green Tribunal dated 24.08.2017.

4. In this Miscellaneous Application No.15/2021/EZ, it is stated that the Respondent No.5 i.e., Berhampur Municipal Corporation has pasted eviction notice and also made announcement on the Loudspeaker on 19.12.2021, to evict the present applicants from the land categorized as ‘Gram Kantha’. It is alleged that before the proceeding to paste the eviction notice on the wall, no individual notice has been given to any of these present Applicants nor have they been given any opportunity of hearing.

5. The case of the Applicants is that they are residing on Plot No:

654/1574, 654/1574, 654/1572, 654/1575, 654/1571, 654/1577, 654/1574, 654/1576, 654/1574, 654/1580, 654/1583, 654/1585, 654/1578, 654/1590, 654/1591, 654/867, 654/1572 (Old Plot No.654), Plot No. 867 relating to Khata No.1203 of Madhabapur Mouza under Berhampur Tahasil of Ganjam District of Odisha. It is also stated that these plots are recorded as ‘Municipality Road’ and Plot No.867 is recorded as ‘Shop room of Municipality’ in the revenue records. It is admitted that the applicants and their family have made permanent construction in the aforementioned plots but since 1962. It is also stated that as per the record of the Survey and Settlement, the Plots are recorded as Kissam “GRAMA KANTHA” and it has been wrongly recorded in the revenue records as ‘Municipality Road’.

6. The case of the applicants further is that they are not residing on the ‘Balaji Pentho Bandha Huda’ but are residing in ‘Balaji Pentha Street’. It is stated that notice of the Berhampur Municipal Corporation for removal of encroachment is with respect to ‘Balaji Pentho Bandha Huda’. It is stated that ‘Bandh is Pond’ and ‘Huda is Embankment’ It is also stated that the Applicant No.12 submitted a representation to the Municipal Commissioner but no steps are being taken for giving opportunity to the Applicants.

7. In paragraph-6 of the Miscellaneous Application, it is stated that the Settlement Officer of Berhampur had passed an order with reference to the Plot No.654/1574, Khata No.1203 of Mouza- Madhabapur, under Berhampur Tahasil of Ganjam District in favour of the late father of the Applicant No.1 to record the name of late Sadananda Sahu in the Khitiyan as a legal tenant and to delete the name of the Berhampur Municipal Corporation from the Revenue record and, therefore, as a legal heir of late Sadananda Sahu the Applicatio