WP(C)/4183/2025 of HARE KRUSHNA DAS Vs STATE OF ODISHA on 30 June 2026

ORDER

30.06.2026

11.

1. Petitioners (one hundred fifty nine) claiming to be villagers of Johal, Pahal, Mahidharpada, Panchabati, Anantapur, Jair Sasan, Ushuma, Nagari, Arida, Aradiapada, Sankhataras, Govindpur, Uranga, Brahamana Jharilo, Mandaria, Kothapatna, Guali, Batapurana, Santol, Kharipadia, Nakhara, Adalia, have joined together to espouse the cause of the public by filing the writ petition seek direction to protect the public property and demarcate Government land so as to recover the same from being unauthorizedly encroached upon the National Highway No.16, i.e., Pahal to Niali Madhab. This writ petition in the nature of Public Interest Litigation, a direction is sought to be issued to the authorities to construct and/or repair/widen the public road within a time frame by removing encroachment or evicting unauthorized occupants.

2. It is submitted by Mr. Kodanda Kumar Bhuyan, learned Advocate for the petitioners that due to lethargic attitude of the authorities, the Government land(s) adjacent to National Highway and connecting road leading to Highway being not made encroachment free, the construction of connecting road from Pahal to Johal leading to the National Highway No.16 could not be completed.

2.1. Though on many occasions the petitioners have made attempts to apprise the concerned authorities in this regard, all their efforts went in vain. Hence, representations vide Annexures-5, 6, 7, and 8 were made. Considering the plight of the villagers who flagged the issue that encroachments and unauthorized occupants over the Government land are hurdles in the construction of the road connecting to National Highway, this Court, by order dated 02.04.2025, directed the State to submit a report indicating as to whether there are encroachments over the Government land.

2.2. On 16.04.2025 when the matter was taken up, Sri Kodanda Kumar Bhuyan, learned Advocate for the petitioners referred to certain internal communications exchanged between different departments of the Government during the year 2019, wherefrom it is perceived that attempts have been made for demarcation of the Government lands as per Records of Right. However, it is submitted at the Bar that step sought to be taken, as reflected in the internal communications, has not yet been taken.

3. After seeking adjournment, Sri Saswat Das, learned Additional Government Advocate filed an affidavit dated 23.06.2026 sworn to by the Engineer-in-Chief (Civil) Road-I, Odisha pursuant to order dated 21.04.2026. The steps taken for construction and repair of the road in question have been reflected at paragraph-6 of the said affidavit, which stand as follows: “That it is respectfully submitted that for construction and repair of the road in question, the Tahasildar, Bhubaneswar vide Letter No.2761/WE, dated 18.04.2025 was requested for demarcation of land on Pahal to Johal road near Johal square by the Superintending Engineer, Bhubaneswar (R&B) division No.IV, Bhubaneswar. The joint demarcation report of the lands on Pahal-Johal road on Johal square was received from Bhubaneswar Municipal Corporation vide Letter No.3534 dt.24.04.2025 of the Zonal Commissioner (I/c), North Bhubaneswar Municipal Corporation. Further, the Collector- cum-District Magistrate, Khordha was requested by the Superintending Engineer, Bhubaneswar (R&B) Division No.IV, Bhubaneswar vide Letter No.11730/WE, dt.18.12.2025 for submission of project estimate of acquisition of land at Ch-1/420 at Johal village. Valuation report of the 3 (three) private lands bearing (i) Khata No.437, Plot No.741 of area Ac.0.505 Dec., (ii) Khata No.456/832, Plot No.742 of area Ac.0.1200 Dec., (iii) Khata No.456/766, Plot No.743 of area Ac.0.060 Dec. was received from the Revenue Inspector, Nakhara vide Letter No.1003 dt.19.12.2025. Besides, present benchmark valuation per acre in respect of the aforesaid plots in Mouza-Johal in the district of Khordha has been received from the District Sub- Registrar, Khordha vide Letter No.1776 dt.26.02.2026. Further, the Sub-Registrar, Bhubaneswar was requested vide Letter

No.2702/WE., dt.26.02.2026 of the Superintending Engineer, Bhubaneswar (R&B) Divisional No.IV, Bhubaneswar to provide sale statistics for last 3 (three) years. In response to this, the District Sub-Registrar, Khordha vide Letter No.6020 dt.04.05.2026 has furnished sale statistics of Mouza-Johal for the las 3(three) years i.e. FY 2023-24, 2024-25 and 2025-26. The Tahasildar, Bhubaneswar was also requested vide Letter No.2705/WE., dt.26.02.2026 of the Superintending Engineer, Bhubaneswar (R&B) Division No.IV, Bhubaneswar for submission of certified coopy of ROR and consent letters from the landowners for initiation of process for direct purchase of the said plots. The Superintending Engineer, R&B Division No.IV, Bhubaneswar had applied and obtained the certified copies of ROR of said plots without any information on consent of the landowners. In the meantime, the Superintending Engineer, Bhubaneswar (R&B) Division No.IV, Bhubaneswar has submitted the proposal in Form-A before the Collector and District Magistrate, Khordha vide Letter No.5139, dt.11.05.2026 for acquisition of the required land for the work “Improvement of missing link of the road at Johal village on the road from NH-16 to Pahal-Jayapur via Johal at Ch-1/114 km to 1/185 km”. In this context, it is worthwhile to mention here that, the Land Acquisition Officer, Collectorate Khordha vide Letter No.1191 dt.16.06.2026 intimated regarding holding of District Level Committee meeting for fixation of the Market Value of the land proposed to be acquired through direct purchase method by the requiring body i.e. Superintending Engineer (R&B) Division-IV, Bhubaneswar for the aforementioned project on 18.06.2026 at 11.30 A.M. at Pindiki Bahubalendra Conference Hall, Ground Floor, Annex Building, Collectorate, Khordha under the Chairmanship of the Collector & District Magistate, Khordha and the proceeding is awaited. A copy of the Letter No.1191 dt.16.06.2026 is annexed herewith as Annexure-A/3.”

4. Perusal of proceeding of District Level Committee meeting hold on 18.06.2026 vide Annexure-B/3 enclosed with the said affidavit reveals that effective steps have been taken for identification of land, determination of market value for the purpose of acquisition of private lands and ascertainment of kissam of such land, etc. and the meeting ended with following note with respect to the further progress to be made: “The Chairman of the DLC instructed to the Superintending Engineer, Bhubaneswar (R&B), Div-IV, Bhubaneswar to place the estimate as per existing guidelines, on the basis of market value fixed as above duly endorsed by the authority for approval at this end and to follow the due process of law/existing guidelines while executing the sale deed for direct purchase of aforementioned private plots from the rightful land owners as per the approved estimate for the project. The meeting ended with thanks to the chair and other participants.”

5. Sri Kodanda Kumar Bhuyan, learned Advocate representing the petitioners conceded that since steps being taken for completion of the unfinished road work and construction of further roads leading to connect the National Highway No.16, no grievance subsists.

6. In view of aforesaid conceded position, this Court on perusal of the documents made available on record feels it apposite to direct the authorities to show alacrity in this regard and proceed with the work as decided in the meeting(s). This Court hopes and trusts that the authorities concerned shall take up effective and prompt steps to complete the work as expeditiously as possible. It is, thus, felt keeping the matter pending would not subserve any fruitful purpose and the grievance of the villagers has been taken care of the authorities-opposite parties.

7. In such view of the matter the writ petition stands disposed of.

(Harish Tandon) Chief Justice

(M.S. Raman) Judge

Aswini Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: PERSONAL ASSISTANT (SECY I/C) Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 02-Jul-2026 12:06:07 Signature Not Verified