CUTTACK: The Orissa High Court has underscored the state’s duty to act decisively against illegal occupation of government land, while disposing of a PIL concerning alleged inaction in Champua tehsil of Keonjhar district.
A division bench of Chief Justice Harish Tandon and Justice MS Raman was hearing the matter on Wednesday. Pursuant to its earlier order on March 11, the court recorded the personal appearance of tehsildar Rakesh Kumar Panda. The state, represented by additional government advocate Sanjay Rath, submitted an affidavit affirmed by the tehsildar detailing action taken.
According to the affidavit, a field inspection conducted on February 19 identified 22 encroachers allegedly occupying government land illegally. Proceedings have already been initiated against them under the relevant legal provisions.
The bench observed, “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 utilised for public good and in the larger public interest...Despite a stated policy of ‘no tolerance’ toward encroachments, implementation on the ground remains inadequate.”
Expressing concern over recurring PILs on the issue, the court remarked, “It is inconceivable that the government shall show any apathetic attitude in not removing any encumbrance having created by virtue of an unlawful and/or wrongful occupation and possession in respect of the government land.”
While acknowledging the constitutional right to property under Article 300-A, the bench clarified that the protection cannot extend to unlawful occupants. It emphasised that illegal possession does not confer any legal right over public land.
“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, “ the judges underlined.