PEOPLES UNION FOR CIVIL … Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE new capital for the State of Orissa was built at Bhubaneswar. Brisk construction work was taken up there requiring engagement of thousands of labourers. The said labour force came from different rural areas of the State and lived in different parts of Bhubaneswar. In course of time, a township grew and along with it grew a number of slums to accommodate such labourers. It is stated that by the end of 1977, 52 slums, came into existence with a population of over 50 thousands. These slum dwellers subsequently faced eviction on the plea of beautifying the city. The eviction was carried out from Madhusudan Nagar, Suka Vihar, Nayapalli, Sastri Nagar, Banadurga and Surya Nagar and that too in the year 1987 which was declared as the 'International Year of Shelter for Homeless'. The real motive for such eviction, according to the petitioner, was. however, to allot the lands in the said areas to 'people in power and their close associates in politics, bureaucracy, business, judiciary, journalism, etc.' It is also alleged that the slum dwellers were evicted unlawfully and forcibly from the plots of land which had been duly allotted to them. The further allegation is that the assurances given to these people to build up tenements for accommodating them elsewhere had not been fulfilled. The re settlement of these people at far off places affected their livelihood adversely. The petitioners desire protection of their rights and place reliance on what was held by the Supreme Court in the case of Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180.

(2.) IN view of the serious allegations made by the petitioners a need for an independent enquiry was felt and with the consent of the parties, Shri S. K. Misra, the then Presiding Officer of the Industrial Tribunal, was requested to look into the matter and submit his report to this Court. Shri Misra has done an admirable job and has submitted a detailed report. His conclusions are :

(3.) THE conclusions arrived at by Shri Misra have pained us. The highhandedness of the authorities is writ large on the face of the report in forcibly evicting the people from different slums. What is more agonising is that the eviction was carried out not in any public interest or for any public purpose the motive for eviction being to make available lands to rich, influential and high dignitaries. We cannot but deplore and decry such actions on the part of the authorities.