CUTTACK: The Orissa High Court has expressed serious concern over the continued encroachment of government lands and the apparent inaction of authorities against encroachers.
A division bench of Chief Justice Harish Tandon and Justice Chittaranjan Dash in a recent order noted that it had repeatedly reminded authorities of their statutory obligation to remove encroachments or where possession had attained the character of settled possession in accordance with law, and take an appropriate policy decision.
“Public Interest Litigations concerning unauthorised occupation of government land continue to flood the docket of this Court, repeatedly compelling judicial intervention to remind the authorities of their solemn statutory duties,” the bench said.
The court observed that despite statutory provisions empowering authorities to remove encroachments and restore government land, prompt and effective action is seldom forthcoming. Such inaction, it said, allows encroachers to reap the benefit of their own wrong.
The court was hearing a PIL filed by Rourkela resident Pankaj Mulchandani, seeking removal of unauthorised constructions and encroachments over valuable government land within the Rourkela Municipal Corporation area. Advocate Prasanta Kumar Jena appeared for the petitioner, while additional government advocate Sanjay Rath represented the state.
The bench observed that the PIL raised a matter of serious public concern, pointing to the rampant encroachment of government land and the apparent apathy on the part of the authorities in taking prompt and effective action for its removal.
The state informed the court that proceedings had been initiated against several encroachers and eviction orders passed. However, the orders could not be executed after an unruly mob allegedly resisted the eviction drive at the instance of certain influential persons. The authorities reportedly refrained from proceeding further apprehending a serious law and order situation.
According to the report placed before the court, the last attempt to execute the eviction orders was made on February 9, 2026, with no further progress indicated thereafter.
The AGA assured the bench that authorities would take effective steps to implement the eviction orders in accordance with law. The court, however, expected the authorities to show “due promptitude and administrative alacrity” and not remain dormant indefinitely.
“The majesty of the law can be preserved only if lawful orders are implemented with earnestness and without avoidable delay,” the bench observed.
The matter has been posted to August 20, by which date the AGA has been directed to place a fresh status report detailing the concrete steps taken towards implementation of the eviction orders.
