HC upholds eviction of unauthorised structure on govt land
The structure is said to be more than 40 years old.
The petitioner had challenged the 2015 eviction order passed by the sub-collector-cum-estate officer (Sadar), Sundargarh, under the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972. The order was later upheld by the Sundargarh district collector in 2016. The petitioner contended that the land, recorded as rasta (road), could not be treated as "public premises" under the Act and cited the existence of long-standing structures used for religious purposes.
However, the court rejected the argument, observing that the land fell squarely within the definition of "public premises" as it lies within the municipal limits of Rajgangpur, and is recorded in the name of the state govt. "The classification as rasta affirms its public character and reinforces its inclusion within the scope of the statute," the court noted.
Justice Panigrahi held that the Orissa Public Premises Act provides a clear legal mechanism for evicting unauthorised occupants from public land and that no distinction could be drawn between different types of govt land when it comes to enforcement.
The court further observed that even if the structure was serving public or religious purposes, such unauthorised occupation cannot be regularised without due legal sanction.
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