Authority: High Court of Odisha at Cuttack
Order Date: 16.10.2026
Case Overview
- Petitioner: Mamata Samal, a landless person claiming possession of a plot in Bharatpur, Bhubaneswar.
- Opposite Parties: State of Odisha & Others.
- Legal Provision Invoked: Section 483 of the Odisha Municipal Corporation Act, 2003, which mandates settlement or allotment of land to every landless person occupying land in a slum within a corporation area, as notified by the Government.
- Nature of Petition: Writ petition (W.P.(C) No.29956 of 2026) seeking direction for settlement/allotment of the land already in her possession.
- Counsel: Mr. Amit Kumar Tarai for the petitioner; Mr. S.K. Rout, ASC for the State.
- Key Observations by the Court:
- The statute provides for settlement of land to landless occupants, but the Court could not on admission determine whether the petitioner qualifies as a landless person under the Act.
- The Court therefore refrained from deciding the substantive merit and instead granted liberty to the petitioner to make a formal representation before the Officer‑in‑Charge (OP No.2‑cum‑Commissioner) of Bhubaneswar Municipal Corporation.
Final Outcome
- The petitioner must file an appropriate representation before the OP No.2‑cum‑Commissioner of Bhubaneswar Municipal Corporation within fifteen (15) days from the date of this order, asserting that she is a landless person in possession of the land.
- Upon receipt of such representation, the Commissioner is directed to dispose of it within thirty (30) days and communicate the result to the petitioner within seven (7) days thereafter.
- No coercive action shall be taken against the petitioner while the representation is pending and until a decision is communicated.
- The interim application (I.A. No.17838 of 2026) is hereby disposed of.
Topics: Land Settlement, Municipal Governance, Court Order