Orissa High Court asks government to defer eviction drives in view of scorching heat
While vacating the interim order, Justice Narasingh gave the petitioner liberty to renew his prayer, if need is felt for any fresh cause of action.
CUTTACK: The Orissa High Court has asked the state authorities to take into consideration the scorching heat and defer all eviction drives on humanitarian grounds. The vacation court made the request on Tuesday while considering a petition, filed by Bhramarabar Bisoi, seeking judicial intervention against eviction of alleged encroachment on a plot at Subudhipur under the jurisdiction of Bhubaneswar Development Authority (BDA).
Justice V Narasingh disposed of the petition after he was satisfied the was no imminent threat of eviction on the plot referred to. However, the judge said, “Before parting with the case, the state authorities shall do well to consider with empathy as to whether eviction drive(s) are essential to be taken up during the scorching heat and exposing the evictees to the vagaries of nature or it can be deferred for the time being, on humanitarian grounds.”
Earlier, on May 25, the court had issued an interim order restraining the authorities from taking any coercive action against the petitioner in respect of the plot at Subudhipur and sought to ascertain the veracity of the allegation.
When the matter was again taken up on Tuesday, state counsel B Panigrahi informed the vacation court no encroachment case has been initiated upon the plot referred to and no eviction notice has been issued in the matter by the tehsildar of Bhubaneswar,
BDA counsel Dayananda Mohapatra submitted the is no eviction drive in respect of the plot referred to. While vacating the interim order, Justice Narasingh gave the petitioner liberty to renew his prayer, if need is felt for any fresh cause of action.