Cuttack: Calling encroachment on public land a “significant and growing menace” in the state, the Orissa high court has flagged systemic lapses in curbing illegal occupation, noting that despite consistent judicial directions, authorities often fail to act in “letter and spirit.”The court pointed to “lapses on the part of government functionaries, particularly in the revenue administration,” and said “corruption, collusion, or negligence of officials has facilitated illegal occupation.” The court remarked that field-level officials frequently fail to intervene at the initial stage, allowing encroachments to become difficult to reverse.The remark came while dismissing an appeal filed by the Koraput District Private Bus Employees Union against eviction proceedings, holding that unauthorised occupation cannot claim constitutional protection.The Jeypore tehsildar issued an eviction notice to a union operating a private advance ticket counter for 30 years near the sub-divisional police office close to the old OSRTC bus stand. The sub-collector ordered its shift to the new bus stand, citing traffic congestion and accident risks.A division bench of Justices Krishna Shripad Dixit and Chittaranjan Dash, in an order on Feb 17 upheld a single judge’s decision rejecting the union’s plea seeking intervention against it. The order was uploaded on Feb 25.Setting the tone of the judgment, the bench observed: “Encroachment on public land has indeed become a significant and growing menace in the state, which directly undermines administrative control and hampers planned urban development.”It added that such encroachments “pose a serious threat to public health, safety, and the environment and also reduces the space available for public roads and other essential public amenities.”The appellants admitted they were unauthorised occupants and claimed possession on the basis of temporary structures put up for trade union activities. The court ruled, “Such occupation, even if undertaken in the name of union activity, does not confer any legal sanctity upon an otherwise unlawful possession.” It further clarified that such encroachment “cannot claim constitutional protection, nor does it fall within the ambit of the right guaranteed under Article 21 of the Constitution of India.”Observing that “Mere long-standing occupation… does not ripen into a legal right when the initial entry itself is unauthorised,” the bench said it found no reason to differ from the single judge’s findings and dismissed the appeal.The union had challenged eviction from government land, contending that no proper opportunity of hearing was granted. Rejecting the submission, the bench referred to the Orissa Prevention of Land Encroachment Act, which provides for summary eviction of unauthorised occupants. The judges held that statutory procedure had been followed and notices were issued.
