Orissa High Court
Pramod Gochhayat vs The State Of Odisha & Others ... Opp. ... on 4 February, 2021
Author: S.Pujahari
Bench: S.Pujahari
CORAM : HON'BLE SHRI JUSTICE S.PUJAHARI
W.P.(C) No.37147 of 2020
Pramod Gochhayat ... Petitioner
- Versus -
The State of Odisha & others ... Opp. Parties
ORDER
05. 04.02.2021 In the wake of the pandemic Covid-19, the case is taken up through V.C. Heard learned counsel for the Petitioner and the learned counsel for the State, so also the learned counsel for Opposite Party No.5-Konark NAC.
The Petitioner has filed this writ petition challenging the action of Opposite Party No.5-Konark NAC in making construction of "Micro Composting Centre cum Garbage Dumping Yard" on Hal Plot No.1148 appertaining to Draft Khatian Sl. No.452 which corresponds to Sabik Plot No.1110(P) & 1592(P) appertaining to Sabik Khata No.298 of revenue Mouza-Konark in the district of Puri without any authority of law, as the same is his Stitiban land.
According to the petitioner, the aforesaid land belongs to him as the same stands recorded in the name of his grandfather and without acquisition of the same, the Opposite Party-NAC could not have made such construction thereon.
2However, learned counsel for the NAC submits that the said land stands recorded in the name of the Government as "Anabadi Land" and hence, construction of "Septage Tank Micro Composting Centre-cum-Garbage Dumping Yard" is being made on the aforesaid land.
Learned counsel for the petitioner submits that no doubt the said land is presently in Government Khata but, during the settlement operation a Draft ROR has been prepared and the aforesaid land stands recorded in the name of the petitioner's late grandfather, namely, Bholanath @ Bholi Gochhayat and as such, the same should not have been taken over by the Government without adhering to the due procedure of law.
The draft R.O.R. is yet to be finalized. There is serious dispute whether the land in question is a Government land or property of the petitioner. In the absence of any undisputed fact on the ownership, the prayer of the petitioner cannot be entertained in this writ petition.
Accordingly, the writ petition stands dismissed reserving the right of the petitioner to establish his right to contest the claim of the State/Konark NAC and also any right for compensation for any forcible dispossession and 3 damage in appropriate forum.
Consequently, the I.A. stands closed. The parties may utilize the copy of this order as per the High Court's Notice No.4587 dated 25.03.2020.
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S.Pujahari, J.
RKS