The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.26630 of 2025 (PIL) Akash Singh and others …. Petitioners State of Odisha and others Mr. Niranjan Panda, Advocate -versus- …. Opposite Parties Ms. Suman Pattanayak, AGA CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 30.10.2025 01. 1. The petitioners, claiming to be villagers of Purbakhanda (Dinasinghpatna) under Niali Block in the district of Cuttack, filed the present writ petition in the nature of Public Interest Litigation beseeching indulgence of this Court to issue writ of mandamus to the opposite parties taking steps to evict the encroachers of Government land pertaining to Plot No. 3248, Khata No.1201 having area Ac.0.15 decimal under Purbhakhanda Mouza, Govindpur Police Station, District Cuttack. 2. As it appears from letters addressed to the Tahasildar, Niali and the Collector, Cuttack vide Annexure-2 series, the villagers have placed their grievance, which has not yet been redressed. It is brought to the notice of this Court that Government of Odisha in Revenue and Disaster Management Department issued a Letter No.RDM-LRGEB-POLICY-0001-2024-21855/R&DM, dated 6th July, 2024, addressed to all the Collectors indicating Page 1 of 9 “optimum management of land resources and removal of encroachment”. The text of said letter runs as follows: “With reference to the subject cited above, I am to say that concerns have been raised by Government on large scale encroachments at a high level meeting. It is pertinent to mention that one of our primary works is optimum management of land resources and allocation of adequate land to developmental purpose & different sectors of economy. However, due to encroachment of Government land in both urban & rural areas, at times, smooth allocation of land for developmental purpose is impaired. Moreover, the opportunity cost of encroached Government land is unrealized in such cases. Also, the concomitant litigation arising out of illegal encroachment remains a challenge to all of us. encroachments and Hence, you are requested to make a realistic survey of rural and urban remove encroachments as per extant rules. Consequent upon removal of such encroachments, you are further requested to protect such Government land by suitable hence and conspicuously displayed board by utilizing the funds received in your district for the same purpose. In case of inadequacy of fund for the same purpose, the same may be communicated to this Department immediately. An action taken report on the above shall be sent to this Department on each fortnight in the enclosed proforma. This may be treated as “most urgent”.” 3.
Legal Reasoning
Without delving into locus standi issue, we find that the primary grievance raised in the instant writ petition is alleged inaction on the part of the Government authorities in not taking any appropriate steps for removal of the encroachers over the Page 2 of 9 Government land/the other part of the land meant for the use of the common inhabitants of the said village. 4. Learned Additional Government Advocate appearing for the opposite parties furnished a copy of Letter No.RDM-LRGEB- POLICY-0001-2024-31716/R&DM., dated 22nd August, 2025 issued by the Government of Odisha in Revenue and Disaster Management Department, which is addressed to all the Collectors for taking steps to evict encroachers from and prevent encroachment on the Government land in the State of Odisha. A detailed action plan with timeline for eviction of encroachers from Government land has been specified in the said letter. 4.1. For clarity, the action plan is reproduced hereunder: “Action Plan and Its Prevention: on Eviction of Encroachment 1. Disposal of pending encroachment cases: i. The Tahasildar shall examine all the year old pending encroachment cases by 31.08.2025 and complete all formalities under OPLE Act, 1972 and OPLE Rule, 1985. The Tahasildar shall chalk out weekly eviction ii. programme in consultation with Sub-Collector. In the event of multiple encroachments at a single iii. location which requires an eviction dr4ive, the Tahasildar shall place the matter before the Sub- Collector to give appropriate direction for coordinating among different Departments/Agencies like Police organization (for security and law and order situation), Public Works Department (for demolition), Electricity Page 3 of 9 organization (for fire protection & emergency service) etc. the The eviction shall be executed under iv. supervision of Tahasildar/Addl.Tahasildar and with police protection. A detailed proceedings of eviction including photography and videography shall be prepared documenting the entire eviction process and the removal of any structures or belongings. The Tahasildar shall ensure that the land after v. eviction is protected to prevent re-encroachment. Proper boundaries/fencing should be made soon after eviction to prevent further encroachment. All pending encroachment cases shall be disposed vi. of after removing encroachment by 31.03.2026.
Decision
Disposal of Appeal Cases: The appellate authority shall strive to dispose of the case in a time bound manner. All appeal cases pending before appellate authority shall be disposed of by 30.11.2025. 2. Detection and removal of new encroachment cases: A. Detection of Encroachment: (OPLE) Rules, 1985, As per rule 3(1) of the Odisha Prevention of Land the Revenue Encroachment the cases of unauthorized Inspector shall report occupation of government land to the Tahasildar in Form-‘G’. Within fifteen days of the case of each financial year the Revenue Inspector shall send a certificate the encroachment already reported there is no further encroachment in his area. i. Revenue Inspectors and his staff conduct routine inspections of government lands and report about any such encroachment to the Tahasildar in Form- the Tahasildar except that to Page 4 of 9 ‘G’ of the said Rules by 10th of each month. Revenue Inspector shall submit in advance the monthly programme to Tahasildar on demarcation and inspection of government land. identification The demarcation of government land, Inspection on of and Government to Tahasildar by Revenue Inspection shall be completed by 31.03.2026. submission of encroachments report land The Revenue Inspectors concerned shall submit the certificate to the Tahasildar that except in the encroachment already reported there is no further encroachment in his area by 15.04.2026. ii. iii. B. Initiation of new encroachment cases: On receipt of i. report on authorized occupation of government land from Revenue Inspector in Form-‘G’, Tahasildar shall forthwith enter the details in prescribed register and initiate proceeding under the OPLE Act, 1972 and Rules made thereunder. The initiation of all encroachment cases ii. shall be completed by 30.04.2026. C. Completion of all formalities: to be The process of show cause notice, the hearing of the person reported in unauthorized occupation of the government land and passing of eviction order shall be completed by 30.08.2026 on time bound manner in camp courts. A detailed date wise programme shall be communicated to be Sub-Collector in this regard. All encroachment cases shall be disposed of after removing encroachment by 31.03.2027. Page 5 of 9 3. Protection of valuable Government land: Special attention should be given to protect valuable Government land. i. The Tahasildars shall valuable Government strategic vulnerability to encroachment. identify and prioritize their lands based on importance, economic potential or ii. iii. The Tahasildars shall coordinate with executing agencies of the Government to construct robust fencing or boundary walls around valuable Government lands by utilizing the funds available under the scheme “Protection of Government Land”. The Tahsildar shall utilize the unutilised fund lying with them under the scheme “Protection of Government land” by 31.12.2025. 4. Role of Supervisory Officers: Supervisory officers at the Sub-Divisional and District level are critical for oversight and accountability: I. Regular Review of Encroachment Cases: from Government The Sub-Collector at the Sub-Divisional level shall conduct regular reviews of the progress of disposal of encroachment cases and removal of encroachment land. The progress will be monitored by Collector fortnightly and be reviewed in District Revenue Meetings. The review shall include the progress on institutions of and encroachment preventive measures taken, area made free from encroachment, protection of government land by scheme funds placed under utilizing “Protection of Government land”. eviction drives cases, the Page 6 of 9 II. Monitoring of Eviction Drives: They shall oversee the planning and execution of eviction drives. III. Coordination Meetings: They shall conduct regular coordination meetings with Tahasildars, Revenue Inspectors, and other concerned Departments to discuss encroachment issues and strategize actions. IV. Reporting to Higher Authorities: the status of They shall regularly report encroachment cases and prevention measures to the Revenue & DM Department on monthly basis. Synopsis of Timeline A. Disposal of pending encroachment cases and removal of encroachments: Timeline 31.08.2025 15.09.2025 i. To examine/verify all pending encroachment cases by Tahasildars ii. To complete all formalities as per OPLE Act, 1972 and OPLE Rule, 1985 iii. Formulation of Monthly Eviction Programme iv. Disposal of encroachment cases and removal from Government land B. Detection and removal of new encroachment cases encroachment 30.09.2025 31.03.2026 of i. ii. To chalk out monthly inspection Revenue programme Inspector Inspection and detection of by TIMELINE 31.08.2025 01.09.2025 Page 7 of 9 encroachment and submission of to report Tahasildar in Form-G is no iii. Submission of certificate by R.I. to the Tahasildar that except the encroachment already reported there further encroachment in his area Institution of all encroachment cases To complete all formalities as per OPLE Act, 1972 and OPLE Rule, 1985 iv. v. to 31.03.2026 15.04.2026 30.04.2026 31.08.2026 vi. Formulation of Monthly 30.09.2026 Eviction Programme vii. Disposal and encroachment Government land removal of from C. Protection of Government land i. Demarcation and identification of valuable Government land and vulnerable to encroachment ii. Utilisation of unutilized fund pending at Tahasil level 31.03.2027 TIMELINE 01.09.2025 to 31.12.2025 31.12.2025 5. Since our attention is drawn to aforesaid decision of Government demonstrating “no tolerance” to any encroachment over the Government land and the timeline has been specified activating the process of law to remove encroachments and evict encroachers from the Government land by following the procedure laid down in the relevant statute, this Court does not feel it prudent to keep the matter pending. The grievance of the petitioners having Page 8 of 9 been redressed in view of the aforesaid decision taken by the Government and the law is put in motion, we, therefore, direct the authorities to complete the process as expeditiously as possible in accordance with law keeping in view the action plan and timeline enclosed thereto as referred to above. 6. With the aforesaid observation and direction, the writ petition stands disposed of. (Harish Tandon) Chief Justice (M.S. Raman) Judge MRS/Laxmikant Signature Not Verified Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Nov-2025 10:16:45 Page 9 of 9