Cuttack: The state govt’s implementation of its ‘no tolerance’ policy towards encroachments on public land has been low, Orissa high court observed recently even as it disposed of a PIL relating to alleged inaction on the issue in Keonjhar district’s Champua tehsil.A bench comprising Chief Justice Harish Tandon and Justice M S Raman made the observations on March 18 after reviewing an affidavit filed by the Champua tehsildar Rakesh Kumar Panda, who appeared in person in compliance with an earlier court order dated March 11.The affidavit, submitted through additional government advocate Sanjay Rath, stated that a field inspection conducted on Feb 19 had identified 22 encroachers allegedly occupying govt land under Champua tehsil. Proceedings have already been initiated against them under relevant legal provisions.Taking note of it, the bench reiterated the state’s obligation, observing, “It admits no ambiguity that it is the solemn duty of the government to remove all the encroachments from government land as such lands are intended to be utilized for public good and in the larger public interest.” However, the court flagged gaps in enforcement and noted, “The government has taken a policy decision of ‘no tolerance’ in respect of encroachments on government land and yet, the implementation of the said policy appears to be abysmally low.”The bench also pointed to a steady rise in PILs filed by citizens alleging official inaction.The judges also addressed the constitutional dimension, acknowledging the “right to property” under Article 300A of the Constitution, but clarifying that such protection does not extend to illegal occupants. Unlawful possession, the court said, cannot create any enforceable right over public land.Calling for urgency, the bench stressed, “A time has come that the government must show alacrity in initiating proceedings under the relevant provisions of law and removing all such encroachments from the government land as such lands can be used for better purposes augmenting to and catering to the need of the public.”Since proceedings against the identified encroachers are already underway, the court expressed hope for their early conclusion and disposed of the PIL filed by two persons of the locality.
