This High Court disposed of a writ appeal filed by villagers challenging an order directing the construction of a new school on government land. The appeal, arguing the village was not submerged and the order should be quashed, was dismissed without interfering with the single Judge's decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A. NO.621 OF 2015
10.05.2016
Heard learned counsel for the appellants as well as learned Addl. Government Advocate.
This Writ Appeal is directed against the order dated 5.8.2015 passed in W.P.(C) No.25
193 of 2014 directing the opposite parties to construct the new School building over the Gover
nment land i.e., Plot No.529 under Khata No.43 of Village Sangrampur in the district of Samba
lpur.
One Khatu Charan Mohakud, resident of Sangrampur Village had filed the aforesaid Writ
Petition seeking for a mandamus to the opposite parties to start functioning of Dimiribahal Pr
imary School at Sangrampur E.G.S Centre due to declaration made by the State Government in res
pect of Hariharjore Irrigation Project, the Village Dimiribahal has been considered as acute
area of the submerged zone. Taking into consideration the counter filed by the opposite parti
es in the said Writ Petition, the aforesaid order was passed.
The appellants are the villagers of Dimiribahal which village has been considered as t
he acute area of the submerged zone of Hariharjore Irrigation Project under Rengali Gram Panch
ayat. However, the Village - Dimiribahal has not yet been submerged. There is no likelihood
of any submerge in the backlog water of the irrigation project as the village is situated in
a considerable height. The village has been facilitating with the rural electrification, comm
unity centre, tube wells etc. and all development works are going on in the village. The pro
of of this development work has been proved from the letter of the S.D.O, Hariharjore Irrigati
on Sub-Division, Biramaharajpur dated 4.12.2014.
The appellants contended that the State Government had established the Primary School
in the Village of Dimiribahal in the year 1946. Subsequently the institution has been upgrade
d to an Upper Primary School by the State Government. The School building has also been cons
tructed with the Government aid in the year 1977. The children of the village have been
getting the facility of primary
education from the said school. While the institution is continuing as such some vested inter
ested persons of the Village - Sangrampur (a neighboring village) in connivance with the offic
ers of the department given a picture in the upper level that the Village- Dimiribahal
has already been submerged. There is requirement of shifting of the School to their village
due to back water logging.
The District Project Coordinator, SSA, Sambalpur-respondent No.3 has filed an affidavi
t in this appeal on 10.05.2016, which reveals that Dimiribahal Village has been declared as s
ubmerged due to Harihar Irrigation Project. Most of the families have shifted to different pl
aces. At present 24 families are staying in Dimiribahal Village. The students of both the vi
llages are prosecuting their studies at Dimiribahal Primary School. The student strength of D
imiribahal Primary School (Class-I to Class-V) was 33 for the academic session 2015-16 and out
of which 9 numbers of students belong to Dimiribahal Village, 6 numbers belong to Kantibahal
and 18 number of students belong to Sangrampur Village and there are 75 families residing in S
angrampur village.
In view of the above facts and circumstances, we are not inclined to interfere with th
e order dated 5.8.2015 passed in W.P.(C) No.25193 of 2014 by the Honble single Judge.
Accordingly, the Writ Appeal along with Misc. Case is dismissed.
S. Panda, J.
3
2 issues framed by the court
Whether the High Court should interfere with the High Court single Judge's order directing the construction of a new school building over Government land.
Whether the appellants' contentions regarding the non-submersion of the village are persuasive enough to quash the lower order.
Villagers of Dimiribahal
State Government
S. Panda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court