SRIKANTA PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) WRIT Petition W.P.(C) No. 6587 of 2002 was filed as a Public Interest Litigation by 10 petitioners on behalf of the general public of Salipur area. The petitioners have stated in the writ petition that a proposal for widening the State Highway connecting Jagatpur (Cuttack) and Chandbali had been finalized since long. But this project of widening the State Highway could not be executed because of unauthorized encroachments on the road side Government lands by different' persons and shopkeepers mainly at Salipur and Nischintakoili areas. In the writ petition, the petitioners have further stated that most of the encroachers have approached different Courts of law and have obtained stay orders against their eviction through encroachment proceedings. A statement of such unauthorized encroachments and the cases pending in Civil Courts and this Court filed by the so called encroachers has been furnished in Annexure 1 to the writ petition. The petitioners have narrated in the writ petition the hardships the general public of Salipur area are suffering on account of non execution of the project of widening the State Highway from Cuttack to Chandbali. The petitioners have prayed for a writ in the nature of mandamus or any other writ directing vacation of all stay orders and interim orders passed by different Courts and directing the concerned authorities to immediately evict the encroachers from the road side of Cuttack Chandbali road, Salipur Balichandrapur R and B road and Salipur College road within a time frame to be stipulated by the Court and further directing the authorities to take immediate steps for widening the Cuttack Chandbali road including the Salipur Balichandrapur R and B road and Salipur College road and for providing for drainage facility,

(2.) IN the said W.P.(C) No. 6587 of 2002 initially only the State of Orissa, Collector cum District Magistrate, Cuttack, Executive Engineer (R and B), Salipur, Sub Divisional Officer, Salipur and Tahsildar, Salipur had been impleaded as Opp. Parties 1 to 5. The Tahsildar, Salipur, Opp. Party No. 5 filed a counter affidavit stating inter alia that the Cuttack Chandbali State Highway No. 9A passes through Salipur Bazar and the said road and its side plots stand recorded in P.W. Department Khata of respective revenue villages, namely, Balisahi, Chandradeipur and Lunahar. and the side plots have been unauthorisedly encroached by encroachers most of whom are carrying on business in shop rooms or wooden cabins constructed on the encroached plots and the Tahsildar has already initiated eviction proceedings under the provisions of the Orissa Prevention of Land Encroachment Act (for short, 'the OPLE Act'). In the said counter affidavit, the Tahsildar, Salipur has also stated that a large number of encroachers have approached Civil Courts and the Civil Courts have already passed restraint orders not to proceed with the eviction proceedings under the provisions of the OPLE Act. Statements showing the civil suits in different Courts and the nature of the orders/decrees passed by the Civil Courts have been annexed to the counter affidavit as Annexures B 5 and C 5. In the said counter affidavit, the Tahsildar, Salipur has also slated that some of the eviction proceedings against the encroachers are also subject matters of writ petitions in this Court, namely, OJC No. 1250 of 1981, OJC No.3045 of 1998, OJC No.8192 of 1998, OJC No. 10826 of 1998, OJC No. 10829 of 1998, OJC No. 10831 of 1998, OJC No. 10833 of 1998, OJC No. 10835 of 1998 and OJC No. 10686 of 1998. in the said counter affidavit, the Tahsildar, Salipur has not disputed the averments in the writ petition that due to the encroachments, the Cuttack Chandbali road, Salipur Balichandrapur road and Salipur College road have become congested causing traffic problem during the peak hours of traffic and as a result, the general public of the Salipur area have been put to serious inconvenience, but he has stated that as restraint orders have been passed by different Courts, the authorities have not been able to evict the unauthorized encroachers.

(3.) ON 8.4.2003 the writ petition W.P.(C) No. 6857 of 2002 was heard by the Court when it was agreed by the counsel for the parties that the case would be adjourned and the Additional Government Advocate will file necessary affidavit in the mean while. The case was thereafter taken up on 6.4.2003 when the learned counsel for the petitioners stated that there was a proposal to offer an alternative site to'the persons who are likely to be affected by eviction and the Court passed orders requesting the Additional Government Advocate to take instructions in the matter. Thereafter a further affidavit was filed by the Tahsildar, Salipur, Qpp. Party No. 5 on 3.6.2003 stating therein that the Collector, Cuttack, Sub Collector, Cuttack Sadar and Tahsildar, Salipur had visited Plot No. 2249 under Khata No. 846 of Mouza Lunahar and the same was found to be suitable to accommodate the encroachers to run their shops. In the said further affidavit, the Tahsildar, Salipur also stated that since several persons have obtained stay orders from different Courts, it was not possible for the District Administration to evict the encroachers and accordingly it was decided by the authorities that all persons who have encroached upon the main road of Salipur Bazar are to be rehabilitated at the site located by the District Administration as an alternative.