The Orissa High Court dismissed a writ petition challenging eviction proceedings initiated under the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972. The dispute pertained to toilets and bathrooms constructed adjacent to a century-old Muslim burial ground in Rajgangpur by the managing committee of Lal Baba Dargah. These facilities, built on government land recorded as “Rasta” (road), were meant to serve devotees and the public.
The Sub-Collector-cum-Estate Officer initiated eviction proceedings in 2015 citing unauthorized encroachment. Despite claims by the Dargah committee that the structures served public utility and were supported by a municipal resolution, the Collector upheld the eviction order on the ground that the land belonged to the State and was recorded as a public road.
The petitioner contended that the land, being classified as “Rasta”, did not fall within the scope of the Public Premises Act and that the proceedings were jurisdictionally flawed. They argued that the Orissa Prevention of Land Encroachment Act, 1972, was the applicable law instead.
Justice Dr. S.K. Panigrahi rejected these arguments, holding that land classified as “Rasta” within municipal limits qualifies as “public premises” under Section 2(f) of the Orissa Public Premises Act. The Court further held that the petitioner was afforded adequate opportunity during the proceedings and that unauthorized occupation cannot be legitimized by prolonged use or claims of public utility. The petition was dismissed and interim relief vacated.
Appearances:
For Petitioner(s) : Mr. A.K. Nanda, Adv. along with Mr. G.N. Sahu, Adv.
For Opposite Party (s) : Ms. Sarita Moharana, ASC
