Possession of government land does not confer ownership rights under the Odisha Government Land Settlement Act, 1962; claims of adverse possession against public utility property are not sustained.

JUDGEMENT

Order No. 25.01.2022

2 .

1. The appellant by filing the writ appeal, has challenged the order dated 24.11.2021 passed by the learned Single Judge in W.P.(C) No.26041 of 2017, disposing of the writ petition.

2.In the writ petition, the petitioner-appellant, inter alia, had prayed for a direction not to evict the appellant from the occupation of a Govt. land, adjacent to the National Highway No.16, over plot no.1577, presently plot no.639/3368 of Khata no.3293, measuring Ac.0.215 dec., out of Ac.1.530.

3.The appellant/petitioner has averred in the writ petition that the appellant’s father had plot nos.663 & 664 in the mouza-Nayapally and plot no.639/3368, owned by the Govt., was adjacent to the said plots. By occupying plot no.639/3368, the appellant had opened a Dhaba, selling food, in the name and style, “Maa Mahima Dhaba”, claiming it to be in existence since very long.

It is not disputed by the appellant/petitioner that the Dhaba was running on a Government plot, near Kalinga Stadium. When the Kalinga Stadium was refurbished and expanded for holding International Hockey Match, the petitioner was evicted and the Government plot was utilized, by the authorities.

4. Mr. Mukherji, learned Senior Counsel appearing for appellant submits that the nature of the land having been described as “Pathara Bani”, it can be said to be “Abadi Land”, as per Section 3 (4)(a) of the Odisha Government Land Settlement Act, 1962 (hereinafter ‘the Act, 1962’ for short). Therefore, it is further submitted by the learned senior counsel that the appellant is entitled for settlement of Government land as provided under Section 3 (4)(a) of the Act, 1962.

5. Mr. L. Samantaray, learned Additional Government Advocate appearing for respondent no.1- General Administration (hereinafter “G.A.” for short) Department, which owns the Government land in the capital City of Bhubaneswar, submits that the appellant does not have any enforceable legal right to encroach and occupy a valuable Government land for whatever purpose and the utilization of the land by the Govt. is for the larger public interest, for expansion of an International Hockey Stadium and beautification of the road, besides the National Highway, NH-16. He further submits that the order passed by the learned Single Judge is just and proper and the appellant has not brought any material before this Court for exercising its appellate jurisdiction under Letters Patent, as the appellant has failed to point out any error apparent on the face of record.

6. Regarding the inapplicability of the Act, 1962, it is further contended by the learned Additional Government Advocate that the land within the area of Bhubaneswar Municipal Corporation belong to Govt. in the General Administration Department, allotment of the land were only granted as per The Government Grants Act, 1895 which has been repealed by the Govt. of India, by ‘Repealing Amending (Second) Act, 2017’, Act 4 of 2018, dated 05.01.2018.

7. In the counter affidavit filed in the writ petition on behalf of the General Administration Department, who owns the land, it has been stated that the Government land is recorded as “Pathara Bani” and not “Ghara Bari”. It is further stated that there is no note of any kind of possession, in the up-to-date Revenue Record of Rights (ROR), which indicates that the appellant is a trespasser. It has been further stated that the appellant obtaining license to run the Dhaba, availing the power supply, getting telephone connection and paying trade license fees to Municipal Corporation, does not fructify to a right of the appellant to encroach and occupy the Government land.

8. The respondents have also harped on the aspect that the land being owned by Government, was required and utilized for expansion of “Kalinga Stadium”, which is a project of National importance and that the appellant had violated Section 403 of the Odisha Municipal Corporation Act, 2003 and has been evicted following the power and procedure