CUTTACK: The Orissa High Court has upheld the eviction of a husband-wife duo from one acre of government land in Khurda district, ruling that unauthorised occupation of public land cannot be justified on the plea of running a social or spiritual organisation.
Justice BP Routray on Monday affirmed the eviction orders passed by the tehsildar, sub-collector and collector, Khurda, in respect of 100 decimal of government land under Khurda tehsil, while dismissing petition filed by the couple.
The disputed land comprising two plots stands recorded in the name of the Home department and carries a reserved status. The petitioners claimed they had been occupying the land since 2001 and had established a Yoga Foundation there for the welfare of humanity. They stated that they had formed a social organisation and constructed an office building on the land.
The couple contended that they had sought allotment of 12 acre for their organisation in 2011-12 but after receiving no response from authorities, occupied a portion of the open government land and developed their activities there. Rejecting the plea, Justice Routray held that no individual or organisation could claim a right over valuable government land merely by asserting that its activities serve public welfare.
“No different treatment can be extended in favour of an organisation or so-called organisation stated to be serving for the interest of general public,” the judge said, describing the petitioners’ organisation as a “sheer unauthorised encroacher” on government property.
The tehsildar informed HC that the land occupied by the petitioners is proposed to be used for construction of official residences for the district collector and SP.