IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 33374 of 2025 Lakshman Mishra and another …. Petitioners Mr. Ambuja Bandhu Parida, Advocate -versus-

State of Odisha and others …. Opposite Parties Ms. Aishwarya Dash, Additional Standing Counsel CORAM:

HON’BLE THE CHIEF JUSTICE AND HON’BLE MR JUSTICE MURAHARI SRI RAMAN

ORDER

Order No. 09.12.2025

01. 1. The instant writ petition in the nature of Public Interest Litigation (PIL) filed by the petitioners raises an issue pertaining to changing of the coast by a river through a natural phenomenon and encroachment by the squatters, more particularly, the owners of the adjacent land by constructing permanent structure thereat which not only invites the risk of the life and property, if any flood occurs but also pollutes the river as the garbage and other waste water are being discharged in the said river.

2. An enquiry report was solicited from the Chief Construction Engineer, Anandapur Barrage Project, Salapada and four major steps were recommended in the following:

(i) Demarcation of river stretch and removal of unauthorized obstructions from the river flood plain.

(ii) Plantation and other anti-erosion measures in flood plain.

(iii) River front development with alternative provisions of garbage disposal and to allow only treated sullage and sewerage to river stream.

(iv) Flood plain zoning and inundation mapping with warning system.

Though the said enquiry report was submitted as far back as on 14^th November, 2023 but till date, it has not been implemented in true spirit.

3. Ms. Aishwarya Dash, learned Additional Standing Counsel (ASC), appearing on behalf of the opposite parties-State hands over a written instruction received from the Superintending Engineer, Salandi Canal Division, Bhadrak which reveals that a preliminary assessment has been conducted and further coordinated action is required to be taken in consultation with the Tahasildar, Bhadrak and the entire process involves not only collation of the land records, preparation of an eviction plan and arrangement of necessary logistic and administrative support but also a proceeding upon issuance of notices to the encroachers. The said written instruction is taken on record.

4. The concern of the Court is not restricted to the removal of the encroachers but the larger issue is required to be considered as to whether any appropriate measure as suggested in the enquiry report is the need of the hour so as to avoid the recurrence due to flood but to protect the life and property of the inhabitants of the adjacent villages, which may submerge into the flood water and a protective umbrella is required to be extended to avoid any deluge during the flood situation.

5. The said enquiry report suggests such measures to minimize the cascading effect of flood and, therefore, the Government should disclose its stand whether the enquiry report has been accepted or any further committee has been constituted to evaluate such situation consisting of experts.

6. In view of the above, let this matter be listed on 13^th January, 2026, when the State will disclose the stand as indicated hereinabove by way of an affidavit to be filed in the meantime.

(Harish Tandon)

Chief Justice (M.S. Raman)

Judge S. Behera Signature Not Verified Digitally Signed Signed by: SUMANTA BEHERA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Page 4 of 4 Date: 12-Dec-2025 11:56:38