Orissa High Court upholds eviction of religious structure from govt land in Rajgangpur
The order passed by Justice SK Panigrahi on July 18 dismissed a writ petition filed by the managing committee of Lal Baba Dargah (Mazahar), challenging their eviction initiated by local authorities in 2015. The petitioner had contested the eviction proceedings initiated by the sub-collector-cum-estate officer, Sadar, Sundargarh under the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972. The eviction order, passed on September 26, 2015, was subsequently upheld by the collector of Sundargarh on July 19, 2016. The petitioner had sought quashing of both orders.
At the core of the dispute was whether the land in question, classified as Rasta (road), qualified as 'public premises' under the 1972 Act. The court observed that the land lies within the jurisdiction of Rajgangpur municipality and recorded in the name of state government, which clearly place it within the statutory definition of 'public premises.'
Justice Panigrahi noted that the classification of the land as Rasta only reaffirmed its public character and did not preclude action under the Eviction Act. He rejected the petitioner's argument that such land should be treated differently, terming the contention as 'misconceived' and 'contrary to the plain language' of the statute.
The court further ruled that the existence of structures for religious or public purposes cannot legitimise unauthorised occupation of government land unless such occupation is regularised under law. 'No amount of well-intentioned justification can override the statutory restrictions,' the judgment stated.
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