Gajendra Nayak Vs State of Odisha

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.7347 of 2025

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Purna Chandra Barik & ..... Petitioners Ors. Mr. Lalit Kumar Maharana, Advocate

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-versus-

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State of Odisha & Ors.

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..... Opposite Parties Mr. P. P. Behera, ASC Mr. Karunakar Rath, Advocate Mr. P. K. Parhi, Advocate for Intervener Mr. S. S. Kashyap, Sr. Panel Counsel Mr. Arnav Behera, Court Commissioner Mr. Sailaja Nandan Das, Court Commissioner

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CORAM:

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THE HON'BLE DR. JUSTICE S.K. PANIGRAHI

Order

No.

ORDER

23.06.2025

08.

1 . This matter is taken up through hybrid arrangement.

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2. The Petitioners, by filing this Writ Petition, have challenged the action of the Opposite Parties in proceeding for eviction and demolition of the shop rooms

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Page 1 of 7.

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of the Petitioners situated in Golden Jubilee Market Complex and Arunodaya Market Complex, Balasore.

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The Petitioners further seek a direction from this Court to the Opposite Parties to rehabilitate them into another complex or any other place suitable to the parties, thereby ensuring continuation of their trade.

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3. Learned counsel for the Petitioners submits that market complex, named, Golden Jubilee Market Complex and Arunodaya Market Complex, Balasore are situated over a plot of land appertaining to Khata No.405, MouzaBhaskarganj, P.S.-Balasore Town, Unit No. 10, Balasore. The said land is recorded in favour of Public Works Department, Odisha. More than 50 shop rooms are there in those market complexes which are in operation uninterruptedly for more than 30 years. The Petitioners are shop room owners of the market complexes. Earlier, there were thatched shop rooms in and around OT Road. During its expansion and beautification in 1991, the District Administration had formed a committee, which decided that the shop room owners shall construct rooms over such land out of their own funds. It was further decided that in order to avoid water logging and proper drainage, the shop owners were required to construct

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Page 2 of 7.

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drains at their own cost. In terms of the said decision, the shop owners invested money and built market complexes as well as the drain over the land pertaining to Khata No.405. The said construction was made within the knowledge and supervision of the State as well as Municipal Authorities.

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4. He further submits that there were dispute between the Tahasildar, Balasore and the Executive Officer, Balasore Municipality relating to collection of rent. Initially, the Balasore Municipality collected rent from the shop owners and even executed Rent Agreement with the shop owners. Subsequently, the Tahasildar, Balasore issued notice to some of the shop owners calling upon them to pay penalty and assessment. The Tahasildar, Balasore further intimated the shop owners that the case has been recommended to Government for sanction lease as per law and after receipt of sanction order from the Government, further action would be taken. In 2004, the Tahasildar, Balasore issued a letter to the President/Secretary of the Market Complexes situated in Balasore calling them upon to remain present for the purpose of fixation of rent of shopping complexes on Government land and execution

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Page 3 of 7.

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of agreement thereon. The shop owners kept on paying rent to State Authorities as well as Balasore Municipality as and when demands were made. In their internal fight, the shop owners suffered nevertheless, the shop owners kept on operating the shop rooms uninterruptedly for more than 30 years. In the meantime, all of sudden on 16/08/2024, Balasore Municipality issued notice to the shop owners asking them to vacate the shop rooms within 3 days from the date of issuance of such notice. Therefore, the O.T. Road Committee Market Complex Action Confederation vide Representation dated 17/08/2024 replied to such Notice to find a solution to mitigate such problem. They made it clear that they are not against the development work but the shop owners’ plight vis a vis their rehabilitation has to be looked into. In the meantime, the Opp. Parties visited the complexes and the shop rooms of the Petitioners and asked the Petitioners to vacate the shop rooms as the complexes will be demolished owing to expansion and developmental work in the area.

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5. Mr. P. K. Parhi, learned counsel for the Intervener vehemently argues in favour of the Public for widening the road.

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Page 4 of 7.

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6. Be that as it may, let the Collector, Balasore form a committee comprising Collector, Balasore himself, the Sub-Collector-cum-Sub Divisional Magistrate, Balasore, Executive Officer, Balasore Municipality, Tahasildar, Sadar, Balasore and the said committee shall visit the spot along with the Superintending Engineer, PWD. The said committee shall visit the spot and ensure that the 400 meters of road widening process is completed in time.

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7. Earlier, this Court vide order dated 13.05.2025 had appointed two Court Commissioners and the said Court Commissioners had visited the spot and have opined that widening of the existing four lane road to six lane road can be made by some slightest modification of the market complex for which the shop keepers and the municipal authorities may be relegated to a mediation process. The Collector, Balasore shall convene a meeting with the shop keepers and they will reach at some modality to widen the road and construct the drain.

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8. It is revealed from the report of the Court Commissioners that the said widening exercise shall not affect to any shop keepers as the road is already wide, only the authority should take steps to expand it further.

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9. Since the report submitted by the Municipality and the Tahasildar on previous occasions is contradictory to the report submitted by the Court Commissioners, the Committee shall explore the possibility of a fair solution to the issue, so that the need for widening the road be undertaken in a balanced manner without affecting the shop keepers’ livelihood and that of the common man who use the road.

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10. It is made clear that the committee headed by the Collector, Balasore shall resolve the issue and complete the work within a period of one month from today.

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11. Before parting, it is made clear that the two Court Commissioners, appointed by this Court visited the spot and toiled hard in preparing the report be remunerated by the Municipality Authority/Collector, Balasore at the rate of Rs.20,000/- (Rupees Twenty Thousand) each and the said amount shall be paid within 30 days from the date of presentation of this order.

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12. It is made clear that till the Collector, Balasore reaches to a conclusion, no coercive action shall be taken against the Petitioners-Shop Keepers.

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13. Accordingly, this Writ Petition is disposed of.

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Page 6 of 7.

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14. The Affidavit filed by the Opposite Party No.4/ Executive Officer, Balasore Municipality, Balasore and the rejoinder affidavit filed by the Petitioners be kept on record.

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15. Interim order passed earlier stands vacated.

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(Dr. S.K. Panigrahi) Judge

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Gitanjali

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Signature Not Verified

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 14-Jul-2025 17:59:34

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