Authority: High Court of Odisha at Cuttack
Order Date: 09 September 2026
Case Overview
- Petitioners: Laxmidhar Khatei & Ors., long‑time residents of Kalyani Nagar Basti, Patrapada, occupying Plot No.192, Khata No.780, Mouza‑Patrapada for 35‑40 years; identified as slum dwellers and possessing Aadhaar, Ration and Voter ID cards along with basic civic amenities (electricity, water, gas).
- Opposite Parties: State of Odisha & Ors.; Bhubaneswar Municipal Corporation (Zonal Deputy Commissioner, South‑West Zone) issued Eviction Notice No.4636 dated 25‑08‑2026, directing the petitioners to vacate by 16‑09‑2026 or face demolition of their structures.
- Caveators: Represented by Mr. Rajdeep Pradhan, ASC Mr. Om Swarup, asserting that the petitioners are unauthorized occupants of government land used for cattle keeping and that the land is earmarked for a development project whose progress is hindered by the petitioners.
- Petitioners filed a representation on 05‑09‑2026 before the Commissioner, Bhubaneswar Municipal Corporation, requesting that eviction not proceed without due legal process and that, if relocation is required, appropriate rehabilitation or alternative accommodation be provided, and that their claim for Land Rights Certificates (LRCs) be considered under the applicable statutory scheme for eligible slum dwellers.
Final Outcome
- The petitioners must file a fresh application/representation for issuance of LRCs before the Commissioner, Bhubaneswar Municipal Corporation, within seven days of this order, attaching all supporting documents.
- Upon receipt, the Commissioner shall examine each petitioner's eligibility in accordance with the statutory provisions, rules, schemes and Government instructions governing land rights for eligible slum dwellers, verifying eligibility through relevant survey/identification records and other materials on record.
- If any petitioner is found eligible, the competent authority shall take the consequential steps to issue the LRC in accordance with law.
- The entire exercise shall be completed, as far as practicable, within fifteen days from the date of receipt of the application/representation.
- Until the application/representation is considered and disposed of, no coercive eviction or demolition action shall be taken against the petitioners concerning the residential structures.
- The order expressly clarifies that it does not confer title, ownership or a permanent right over the land to the petitioners, nor does it constitute an automatic direction for issuance of LRCs; entitlement remains subject to verification and determination by the competent authority.
- In the event that a petitioner's claim for an LRC is rejected, the competent authority shall take steps to remove the petitioner by force.
- Consequently, the writ petition, the interim application, and the caveat petition stand disposed of, and an urgent certified copy of this order shall be issued as per the Rules.
Topics: Slum Rehabilitation, Land Rights, Judicial Relief