Orissa High Court
WP(C)/7515/2021 on 6 April, 2021
W.P.(C) No.7515 OF 2021
02. 06.04.2021: The matter is taken up through video conference mode.
The Petitioner, by filing this application, has prayed for a
direction to the Opposite Parties not to evict and demolish the Temple
and other structures like Puja Mandap, Gate, Boundary Wall standing
over the Government land with further prayer to direct the Opposite
Parties to regularize/allot the said land in favour of the Petitioner in
accordance with the Government Policy framed under Annexure-3 as
according to the Petitioner, the existence of the Temple is not creating
any traffic hazards, public nuisance, sound pollution or other
inconvenience.
Learned counsel for the Petitioner submits that the Temple and
other structures have been standing over the land since long. He further
submits that although in the year 2009-2010, the Opposite Party No.4
had initiated a proceeding under Odisha Prevention of Land
Encroachment Act vide Encroachment Case No.788 of 2010 for
eviction, but the same could not succeed in view of the objection. It is
further submitted that as now the apprehension arises that the Authority
would proceed with the encroachment case for eviction and demolition
of the Temple and other structures, the present writ application has
been filed. He further submits that the Petitioner having submitted a
representation to the Opposite Party No.2, the Collector, Jajpur as at
Annexure-6, the same is still pending for consideration since long.
Learned Additional Government Advocate submits that the
land in question is highly objectionable and as it reveals from the notice
of encroachment case as at Annexure-8 that its kisam is Gochar for
which there arises no case for consideration as to regularization in
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terms of the Policy as has been referred to. It is further submitted that
when the Petitioner by the said representation claims for settlement of
land in part from two plots, i.e, Plot No.488 and 489 in respect of the
encroachment of the land under Plot No.489, the encroachment
proceeding is pending and there also the Petitioner's case cannot be
considered as the claim does not satisfy the requirements as provided in
OPLE Act do not stand statisfied.
Considering the submissions made, the petition averments as
well as the documents annexed thereto being gone through; it is seen
that the Memorandum and Article of Association of the Petitioner-
Society/Memorandum of Registration of the Society has not been filed.
The Society here when has been represented by the Vice-President,
namely, Narayan Mallik, the representation to the Opposite Party No.2
as has been referred to in course of submission appears to have been
signed by the President, namely, Mr.Ajit Kumar Tripathy. In the
absence of the Memorandum of Association placed on record, this
Court is not in a position to ascertain as to whether this Vice-President
has the authority to represent the Society. The approach thus does not
appear to be within clean hands.
The representation as at Annexure-6 does not indicate the
kisam of the land when the very Policy put in place finds mention of
the fact that regularization of the encroachment in respect of the non-
objectionable site which further does not cause traffic hazards, public
nuisance or inconvenience to the public at large and where the land is
not required for any public purpose may be made on payment of such
premium as may be decided by the Government. In the absence of any
description either in the representation or the schedule appended to the
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petition as to the kisam of the land when the other document indicate
the kisam to be 'Gochar', the representation said to have been filed
does not appear to competent.
For all the aforesaid, I do not find any merit to entertain this
application with the prayer as have been advanced therein so as to
exercise the extra ordinary writ jurisdiction.
Accordingly, the writ application stands dismissed.
As the restrictions due to the COVID-19 situation are
continuing, learned counsel for the parties may utilize a soft copy of
this order/judgment available in the High Court's website or print out
thereof at par with certified copy in the manner prescribed, vide Court's
Notice No.4587 dated 25th March, 2020.
(D. Dash)
Judge
Basu
