Urban News

While hearing two petitions, Justice Ashok B Hinchigeri directed the state to demolish unauthorised temples, churches and mosques that were constructed before the Supreme Court judgment dated December 7, 2009.

To follow the Supreme Court’s directions, the chief secretary on February 17, 2010, had issued circulars to all deputy commissioners and district magistrates to demolish the unauthorised structures.

The HC on Thursday observed that the Supreme Court had suggested to relocate, regularise or demolish unauthorised religious constructions but the state government had opted to demolish the temples instead of relocating them.

While hearing the separate petitions of Vinayaka Seva Samiti trust and Durgah Huzrat Syed Sikander of Mysore, the HC directed the state not to demolish the two religious structures unless it hears the parties.

In Vinayaka Seva Samiti’s case, the court quashed the order of Mysore Mahanagara Palike, dated December 2, 2010, to demolish the Vinayaka Temple in Hinkal at Vijayanagara layout.

The court observed that the corporation was not the competent authority to issue such order, only the deputy commissioner has the power to issue the demolition order as per the chief secretary’s circular.

The court had directed the petitioner to file a fresh plea before the district committee or deputy commissioner.

Dandupalya gang challenges sentence

Eleven members of the Dandupalya gang, who have been awarded death sentence, have challenged the same in the High Court by filing a criminal appeal.

The special court had on September 30, 2010, awarded the punishment to 11 members of Dandupalya gang in 14 different cases of dacoity, murder and rape. Dandupalya Krishna, Dodda Hanuma, Munikrishna, Venkatarama, Koti Thimma, Venkatesh Alias Chandra, Munikrishna, Nalla Thimma, Chikkamuniya, Krishna and Lakshmi, wife of Dandupalya Krishna have filed the appeal.

Moving the amendment bill on behalf of Chief Minister Naveen Patnaik who is also in charge of the General Administration Department, Parliamentary Affairs Minister Raghunath Mohanty said over 440 acres of Government land was under unauthorised occupation. Several bureaucrats and influential persons, including politicians, are found to be in illegal occupation of the Government land.

The Minister said 10,346 cases of unauthorised occupation of Government lands are pending before the latter. In one case, the Orissa High Court quashed the notice of the court of the Estates Officer for eviction saying no  cases could be initiated under Orissa Public Premises (OPP) Act for eviction of  an unauthorised occupant from public premises situated under within  municipal corporation so long as the Act is not amended.

As per the existing Act, the eviction law is applicable to the whole of the  State, including Municipal Council and Notified Area Council. The Government  is unable to initiate eviction proceedings against the unauthorised occupants of its land within the limits of Bhubaneswar municipal and Cuttack municipal corporations.  Meanwhile, several encroachers of Government land have either moved the  Supreme Court or are planning to challenge the Government action citing the Orissa High Court order.

Instead of waiting for the apex court ruling on the matter, the Government promulgated an ordinance on November 4. Government is contemplating to prescribe procedures to assess damage under Section-7 of the OPP Act. Apart from eviction, the unauthorised occupants will be directed to pay damages to the Government they have gained during illegal occupation of the public land, he added.

Senior BJD member Pradip Moharathy alleged that maximum grabbing of government land took place during the Congress regime. He also named two former Congress chief ministers for the present mess.