CUTTACK: The Orissa High Court has termed illegal the demolition of a community centre at Balipur village under Athagarh tehsil in Cuttack district, and directed the state government to pay `10 lakh compensation to the youth organisation managing it.
Locally known as ‘Gosthigruha’, the facility stood on Gochar (grazing) land and was used for conduct of vital public functions including health camps and awareness drives. It was demolished by the revenue authorities in an encroachment case on December 14, 2024.
The youth association, ‘Kumarpur Sasan Juba Gosti Kendra’, which was managing it then filed a petition seeking to declare the demolition of the community structure as illegal, order its reconstruction at the state’s expense, award compensation for loss and hardship suffered, and initiate proceedings against officials responsible for it.
The demolition was allegedly executed without providing the association adequate time to seek legal redress. The villagers had even offered to exchange homestead land for the portion used, but their plea went unheard.
Delivering judgment on the petition on June 20, Justice SK Panigrahi ordered: “Having regard to the cost of reconstruction, the loss suffered, and the gravity of administrative misconduct, compensation is assessed at `10 lakh. Of this, `2 lakh shall be recovered from the tehsildar concerned, to be deducted in reasonable instalments from his salary, given his direct involvement in the unlawful act. The balance amount of `8 lakh shall be paid by the state to the petitioner within a period of eight weeks from the date of presentation of this order.”
While observing that “the facts of this case echo a growing and troubling pattern commonly referred to as ‘bulldozer justice’ where executive power, backed by machinery rather than reason, supplants legal process,” Justice Panigrahi remarked, “The tehsildar has shown undue haste in demolishing the structure, without adhering to the guidelines issued by the Supreme Court of India.”
“This court is of the view that the breach of judicial directions and procedural obligations, coupled with the manner and timing of the demolition, warrants public law compensation,” Justice Panigrahi said in the June 20 order uploaded on Tuesday.
Justice Panigrahi further ordered: “Appropriate departmental proceedings shall be initiated against the tehsildar, and a copy of this judgment shall be placed before the chief secretary and revenue secretary for necessary compliance. It is further directed that the chief secretary shall immediately issue a detailed guidelines to all the revenue officials and municipal authorities of the state taking into account the guidelines issued by the Supreme Court in the matter of demolition of structures.”