Latest news with #OrissaHighCourt
New Indian Express
5 hours ago
- Politics
- New Indian Express
Orissa High Court upholds eviction of religious structure from govt land in Rajgangpur
CUTTACK: In a significant judgment, the Orissa High Court has upheld the eviction of a religious structure located on government land in Rajgangpur municipality of Sundargarh district. 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.
New Indian Express
5 hours ago
- Politics
- New Indian Express
Orissa HC disposes of PIL after govt cancels appointment of Utkal's in-charge V-C
CUTTACK: The Orissa High Court on Wednesday disposed of a public interest litigation (PIL) challenging the appointment of Prof Jagneshwar Dandapat as the in-charge vice-chancellor (V-C) of Utkal University, following the state government's decision to cancel the appointment. Filed by high court lawyer and alumnus of Utkal University Prabir Kumar Das, the PIL had questioned the legality of the May 27 appointment, citing non-compliance with Section 6(10) of the Odisha Universities Act, 1989. Das contended that the procedure for appointing an acting V-C had not been followed. When the matter was taken up by the division bench of Chief Justice Harish Tandon and Justice MR Pathak, Advocate General Pitambar Acharya informed the court that the Chancellor of the university - the Governor of Odisha - had on July 22 issued an order cancelling the appointment of Prof Dandapat, a senior professor from the Biotechnology department. Acharya submitted that the cancellation was in line with the law and further stated that the state cabinet had cleared a proposal to amend the relevant provisions of the Odisha Universities Act through an ordinance. The proposed amendment, aimed at ensuring smoother university administration, would allow for the appointment of any qualified individual - not just sitting V-Cs - to the position of acting V-C, addressing the challenges of one person managing two universities simultaneously.
New Indian Express
2 days ago
- New Indian Express
Orissa HC acquits two in 2017 triple murder case, sets aside death sentence
CUTTACK: In a significant judgement, the Orissa High Court on Monday acquitted two men who had been sentenced to death for the brutal murder of a family of three in Angul district in 2017, citing lack of conclusive evidence. A division bench comprising Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra allowed the criminal appeals filed by Prakash Behera and Nandakishor Sethy, setting aside their conviction and death sentence pronounced by the additional sessions judge, Athamallik, on September 27, 2024. Behera and Sethy had been convicted for the gruesome killing of a couple and their three-year-old son at Gambharimaliha village under Kishore Nagar police limits on October 9, 2017. Their throats were allegedly slit in what the trial court termed a 'rarest of rare' case warranting capital punishment. The prosecution's story was that the accused unlawfully entered the home of Biranchi Naik with the intent to commit robbery and murder. They allegedly abducted Biranchi Naik and his minor son Ekalabya Naik, and later murdered his wife Tarani Naik. The accused reportedly stole cash and used a 'Katuri' (sharp-edged weapon), during the crime.
New Indian Express
2 days ago
- Health
- New Indian Express
Uncertainty looms over liver transplant services at SCB MCH, Orissa HC takes note
Cuttack: The Orissa High Court has taken serious note of the uncertainty over the future of liver transplantation services at the state-run SCB MCH in Cuttack due to the lapse of a crucial partnership agreement. On July 18, the division bench comprising Justice SK Sahoo and Justice V Narasingh sought clarity on the issue from the hospital authorities. During the hearing, SCB MCH superintendent Prof Goutam Satapathy informed the court that no eligible patient had been denied transplantation solely due to the expiration of the MoU with AIG, Hyderabad, from April 1, 2025. He assured the bench that efforts were underway to finalise a new MoU with MGM Healthcare, Chennai, to ensure continuity of the life-saving service. The court has scheduled the next hearing for July 31, stressing the urgency of the matter. The liver transplant unit at SCB MCH was established in 2022, backed by a sanctioned fund of Rs 22 crore. The goal was to provide liver transplants free of cost to the people of Odisha. Under the original MoU, a team from AIG Hyderabad provided technical and procedural support to SCB MCH to conduct two liver transplants - the first on April 3, 2024, and the second on September 9, 2024. The collaboration was designed to continue until the hospital developed its own fully-trained transplant team. However, the current vacuum in specialised trained staff has raised concerns about the sustainability of the programme.
New Indian Express
5 days ago
- Politics
- New Indian Express
Orissa High Court upholds right to protest, quashes Rayagada DM's order
CUTTACK: The Orissa High Court on Friday quashed a controversial order issued by the Rayagada collector that barred Bhawanipatna-based doctor Randall Sequeira from entering the district. The June 4 order, which also applied to noted activist Medha Patkar and 22 others, was imposed ahead of a planned protest against proposed bauxite mining at the Sijimali hills. Delivering the verdict, Justice SK Panigrahi held that blanket bans on protest activities are contrary to constitutional values. 'In a constitutional democracy, the government should focus on dialogue and management rather than exclusion,' the court said, emphasising that reasonable regulation and not prohibition is the appropriate response to concerns over law and order. The court took note of the context in which the ban was issued - during the Rath Yatra festivities, when police resources were stretched thin. However, it stated that those constraints were temporary and it was no longer justifiable to continue the restrictions. Dr Sequeira, who has provided free healthcare services to tribal communities in Rayagada and Kalahandi for several years, had challenged the ban as unconstitutional. His counsel, Advocate Afraaz Suhail, argued that the order disrupted essential services and violated his client's fundamental rights. While lifting the restriction on Dr Sequeira, the court laid down operational guidelines for future protests. These include prior notification to authorities, cooperation from organisers, state facilitation of venue and time, and proportionate restrictions to maintain public order. This apart, protesters must ensure peaceful conduct and authorities must avoid arbitrary denial of protest rights. The court stressed that these guidelines are case-specific and do not dilute broader constitutional protections under Article 19. Violations by protesters or unjustified restrictions by authorities will both be subject to legal scrutiny, it said. Dr Sequeira is now free to enter Rayagada district and resume his work. The status of the ban on other activists, including Medha Patkar and Prafulla Samantara, remains unclear as of the judgment by Justice Panigrahi on Friday.
