CUTTACK: In a significant order, the Orissa High Court has directed the state government to “make extensive enquiry” on encroachments over government land by competent authorities and on confirmation, remove the infringements within three months.
The court issued the direction by way of a guideline while disposing of a PIL recently. The division bench of Chief Justice Harish Tandon and Justice MS Raman said, “The state shall make an extensive enquiry and/or investigation in relation to an encroachment over the government land by engaging the competent authorities including the amin for relay and survey of the plots.”
If the land is found to have been encroached upon, the government should take steps to remove them invoking the provisions of Odisha Prevention of Land Encroachment Act, 1972. “The removal of encroachments should not exceed beyond three months from the date of the report of the surveyor/amin or the other competent authority,” the bench said.
Kamala Singh, a social activist, filed the PIL alleging that the government is showing apathetic attitude in not taking any steps for removal of encroachments over one acre of government land (forest category) near Belpal under Badasahi tehsil in Mayurbhanj district. The alleged encroachments were in the form of a furniture manufacturing unit, an oil mill and parking of transport vehicles and tractors.
Advocate Pravas Chandra Jena made submissions on the petitioner’s behalf.
The bench observed, “The issue appears to be larger in the perspective of the state, as the government land, without any authority of law or a grant issued by appropriate competent authority, cannot be permitted to be utilised and, therefore, it is the duty of the government to see that the land belonging to the government, which are to be used and utilised for a larger public interest or for public good remain unencumbered and the encroachers or the illegal occupants should not be permitted to remain thereupon.”
While the tehsildar, Badasahi, had issued eviction orders regarding the encroached land, an appeal filed by the encroachers against it was pending before the sub-collector, Baripada. Taking note of the May 12 order, the sub-collector on Thursday rejected the appeal and directed for immediate removal of the encroachments on the government land.