Orissa High Court Upholds Eviction Of Dargah's Toilets, Says Public Utility Can't Justify Unauthorised Use Of Govt Land

The Orissa High Court has upheld an eviction order passed against a sanitation facility belonging to a Dargah on the ground that it was built upon a public land and has been in illegal existence for over four decades.The Bench of Dr. Justice Sanjeeb Kumar Panigrahi held that unauthorised use of public premises cannot be passed off as legal action merely because it serves public purpose.“With regard to the plea based on long-standing structures and assertions of public utility, it must be noted that no amount of well-intentioned justification can override the statutory restrictions governing the occupation of Government land. Unauthorised use of public premises, even if purported to serve a public purpose, cannot be legitimised unless regularised in accordance with law.”A burial ground situated within the Rajgangpur Municipality has been in continuous use of members of the Muslim community. As per belief, a Muslim 'Wali' known as Lal Baba spent his final days at Rajgangpur and was buried at the said burial ground. Subsequently, a prayer house named as the Lal Baba Dargah or Mazhar was constructed at the site.The Lal Baba Managing Committee constructed thirteen toilets and bathrooms, comprising six for women and seven for men on adjacent plots which are in continuous use since their construction about forty years back.In September 2015, a notice was issued by the Sub-Collector-cum-Estate Officer, Sundargarh under Section 4(1) of the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972 ('OPPEUO Act') calling upon the petitioner to show cause why an eviction order should not be passed against the said toilet complex.After getting no reply to the show-cause notice, the Sub-Collector issued eviction order. Being aggrieved, the petitioner approached the High Court which disposed of the writ petition asking it to pursue statutory remedies.Accordingly, an appeal was filed before the Collector against the eviction order. The same was, however, rejected on the ground that the said plot is registered in the name of Government as 'rasta' (road). Therefore, this writ petition was filed impugning the Collector's findings.Justice Panigrahi, at the very outset, addressed the objection raised by the petitioner that the eviction notice is not maintainable under the OPPEUO Act, and if at all the notice be issued, the same can only be done under Orissa Prevention of Land Encroachment Act, 1972 (OPLE Act).He referred to Section 2(f) of the OPPEUO Act which defines “public premises” to include any premises situated within the jurisdiction of a Municipal Council, Notified Area Council, or an area declared by the State Government as an industrial estate, which either belong to or are taken on lease by the State Government, any Board, Company, Corporation, Municipal Council, Notified Area Council, Improvement Trust, Special Planning Authority, or University, or have been requisitioned by the State Government.It was held that classification as 'rasta' does not exclude the land from the ambit of the OPPEUO Act, rather it solidifies its public character.“A conjoint reading of Section 2(f) of the Orissa Public Premises (Eviction of Unauthorised Occupants) Act, 1972, along with the admitted facts that the land is classified as “Rasta,” lies within the territorial jurisdiction of Rajgangpur Municipality, and stands recorded in the name of the State Government, clearly establishes that it falls within the definition of “public premises” under the said Act,” the Court added.Furthermore, the Bench acknowledged the fact that due opportunity to participate in the proceedings was given to the petitioner thereby ruling out possibility of violation of the principle natural justice.So far as utility of the said sanitation facility and long usage were concerned, the Court was of the firm opinion that notwithstanding any well-intentioned justification, a public land recorded in the name of Government cannot be encroached upon. It clarified that illegal occupation of government land cannot be legitimised unless sanctioned by law.Thus, the order of eviction passed by the Sub-Collector as well as the confirming order of the Collector was upheld.Case Title: Lal Baba Dargah (Mazahar) v. State of Odisha & Ors.Case No: WP(C) No. 14296 of 2016Date of Judgment: July 18, 2025Counsel for the Petitioner: Mr. A.K. Nanda, Advocate with Mr. G.N. Sahu, AdvocateCounsel for the State: Ms. Sarita Moharana, Addl. Standing Counsel Citation: 2025 LiveLaw (Ori) 96Click Here To Read/Download Order

Orissa High Court Upholds Eviction Of Dargah's Toilets, Says Public Utility Can't Justify Unauthorised Use Of Govt Land

Jyoti Prakash Dutta

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