Orissa high court raps state for ‘abysmally low’ action on govt land encroachments

CUTTACK: The Orissa high court has come down heavily on the state machinery for failing to effectively implement its “no tolerance” policy against encroachments on government land, even as it disposed of a Public Interest Litigation (PIL) relating to alleged inaction in Champua tehsil of Keonjhar district.A bench comprising Chief Justice Harish Tandon and Justice M. S. Raman made the observations on March 18 after reviewing an affidavit filed by the Champua tahasildar Rakesh Kumar Panda, who appeared in person in compliance with an earlier court order dated March 11.The affidavit, submitted through additional government advocate Sanjay Rath, stated that a field inspection conducted on February 19 had identified 22 encroachers allegedly occupying government land under Champua Tehsil.

Proceedings have already been initiated against them under relevant legal provisions.Taking note, the bench reiterated the state’s obligation, observing, “It admits no ambiguity that it is the solemn duty of the Government to remove all the encroachments from the Government land as such lands are intended to be utilized for public good and in the larger public interest.”However, the court flagged gaps in enforcement, noting : “The Government has taken a policy decision of ‘no tolerance’ in respect of encroachments made over the Government land yet, the implementation of the said policy appears to be abysmally low.”

The Bench also pointed to a steady rise in PILs filed by citizens alleging official inaction.The judges also addressed the constitutional dimension, acknowledging the “right to property” under Article 300-A, but clarifying that such protection does not extend to illegal occupants. Unlawful possession, the court said, cannot create any enforceable right over public land.Calling for urgency, the bench stressed, “A time has come that the Government must show alacrity in initiating proceedings under the relevant provisions of law and removing all such encroachments from the Government land as such lands can be used for better purposes augmenting to and catering to the need of the public.”Since proceedings against the identified encroachers are already underway, the court expressed hope for their early conclusion and disposed of the PIL filed by two persons of the locality..