Authority: High Court of Odisha at Cuttack

Order Date: 13.08.2026

Case Overview

  • Parties: Petitioner – Jyoshna Kumari Pattnaik (aged lady); Opposite Parties – Collector, Khurda & others, represented by municipal corporation counsel.
  • Nature of Proceeding: Writ petition challenging threatened demolition of a structure situated on private Plot No.1578 (Sabik Plot No.48) in Nayapalli, Bhubaneswar.
  • Background: Petitioner alleges that the land is wholly private and disputes the claim that any portion is government/public land. She contends that the ingress/egress area is recorded as Gharabari Plot No.1583 belonging to the G.A. Department, Government of Odisha, and that no proper survey or demarcation was conducted in her presence. No statutory notice or opportunity of hearing was provided before the demolition threat.
  • Specific Dispute: Out of 25 decimals of land, approximately 5 decimals have been treated as encroached by the Bhubaneswar Municipal Corporation (BMC). The correction of area and identification of land is pending before the Member, Board of Revenue in OSS No.461 of 2017 since 2017.
  • Court Observations: The Court noted that until the pending Board of Revenue proceeding is decided, the exact identity, extent, and status of the disputed land cannot be conclusively determined.

Final Outcome

  • The Member, Board of Revenue is directed to decide OSS No.461 of 2017 expeditiously, preferably within one month from receipt/production of this order.
  • The writ petition is disposed of; the Court does not express any opinion on the title or alleged encroachment.
  • Stay on Coercive Action: No coercive action, including demolition, shall be taken against the petitioner concerning the disputed portion until the Board’s decision.
  • Survey/Demarcation: Lawful survey and demarcation may be undertaken only after due notice to the petitioner.
  • Municipal Corporation’s Powers: BMC may take punitive action against any encroachment or unauthorized construction strictly in accordance with law. Any demolition or removal concerning the petitioner must be preceded by proper survey, demarcation, statutory notice, and an opportunity of hearing as required under Section 455 of the Odisha Municipal Corporation Act, 2003.

Topics: Land Dispute, Municipal Demolition