Authority: High Court of Orissa at Cuttack
Order Date: 06-Nov-2026
Case Overview
- Petition No.: W.P.(C). No. 34977 of 2026, CNR No. ODHC010833072026 filed by Sunita Behera (petitioner).
- Opposite parties: State of Odisha and others, represented by the BMC officer who issued Annexure‑4.
- Counsel: Mr. P. Behera (advocate for petitioner), Mr. Pitambar Behera (advocate for Mr. Tapan Kumar Biswal), and Mr. J.K. Khandayatray, ASC.
- Core dispute: Annexure‑4, a notice dated 20‑07‑2026 issued by a BMC officer, demanded the petitioner vacate the land within seven days. The petitioner contended she had already been identified as a slum dweller under the USHA Survey and was awaiting allotment of an alternative suitable site.
- Petitioner's relief sought: Protection from eviction until an alternative land is allotted.
- Court’s observations: The petitioner’s claim for alternative land is pending; the eviction notice (Annexure‑3) was issued about four months earlier, indicating no imminent threat of eviction. However, if eviction is pursued, it must adhere to due process and the guidelines issued by the Apex Court in Re: Directions in the matter of demolition of structure; 2024 INSC 866.
Final Outcome
- The Court disposes of the writ petition by directing the concerned authority (BMC) not to proceed with eviction of the petitioner under Annexure‑3 without observing due process of law.
- The Court clarifies that the authority may proceed with eviction only after complying with all applicable laws, rules, and the Supreme Court guidelines referenced above.
- Annexure‑3 and Annexure‑4 form part of the order.
- The order is digitally signed by JAYAKRUSHNA DASH, Jr. Stenographer, at the High Court of Orissa, Kataka on 06-Nov-2026 at 18:39:53.
Topics: Eviction, Slum Rehabilitation, Legal Due Process