Nuapada, Odisha — The Orissa high court has declined to order the removal of alleged encroachments in Nuapada, Cuttack, ruling that the matter involves disputed facts requiring adjudication by a civil court.

Background

The controversy surrounding alleged encroachments in Nuapada, Cuttack, has a protracted history. The dispute centres on two plots that petitioners claim are public roads obstructed by unauthorised constructions erected by five individuals, impeding access for local residents. The Cuttack Development Authority (CDA) had previously ordered the demolition of encroachments in August 2016, a decision upheld on appeal in September 2017. However, the alleged encroachers contested these claims, asserting that one plot is a jointly owned private passage and the other is private homestead land.

Community Impact

The dispute has persisted for several years, prompting the petitioners to approach the court again, seeking enforcement of the earlier orders. The alleged encroachers, however, have consistently disputed the claims, maintaining their rightful ownership of the land. In a judgment delivered on April 6, Justice Sashikanta Mishra, presiding over a single-judge bench, observed that the central issue is the classification of the land as either public or private. An interim order, which directed the maintenance of the status quo and restrained the CDA from acting upon the latest measurement report, remains in effect. The community awaits the outcome of the civil court proceedings, which will determine the fate of the alleged encroachers.

What Happens Next

The Orissa high court’s decision directs the civil court to resolve the dispute. Petitioners will now initiate proceedings in the civil court, which will hear the contested claims and determine land ownership. The alleged encroachers will also present their case, and the court will render a final decision based on the evidence adduced. The resolution of this case will significantly affect the community, and local residents are keenly awaiting the verdict.