Cuttack: Holding that no individual or organisation can claim possession of public land merely on the plea of serving society, Odisha high court on Monday refused to interfere with eviction proceedings against a yoga foundation run by a husband-wife duo, who had set up the centre after occupying nearly one acre of govt land in Khurda.According to the petitioners, they were in possession of the land since 2001 and had established a yoga centre under the aegis of an organisation. They told the court they had sought allotment of 12 acres for the organisation in 2011-12 and, after receiving no response from authorities, developed their activities on a portion of govt land, including construction of a 30 ft x 30 ft office building.However, the court noted that the land is recorded in the name of the home department and has reserved status.Making it clear that public land cannot be occupied in the guise of social work, Justice B P Routray observed, “It is not open for anyone to encroach on valuable govt land or otherwise form a so-called social organisation.”The high court further held that the Odisha Prevention of Land Encroachment Act does not provide for regularisation of unauthorised occupation by non-govt organisations. “No different treatment can be extended in favour of an organisation or so-called organisation stated to be serving for the interest of the general public,” the judge said.Rejecting the plea that long possession created any entitlement, the court upheld the eviction orders passed by the tehsildar, sub-collector and collector, Khurda, against the occupation of 100 decimals of govt land under Khurda tehsil.
