Cuttack: The Orissa high court has declined ordering removal of alleged encroachments in Nuapada area of Cuttack city, holding that the issue involves contested facts that must be decided by a civil court.In a judgment on April 6, the single-judge bench of Justice Sashikanta Mishra observed that the core issue is whether the land is public or private. “Issuance of direction for demolition or removal of alleged encroachment would necessarily require this court to determine disputed questions of fact,” Justice Mishra remarked, while considering two petitions seeking the HC’s intervention against encroachment in Nuapada area.Justice Mishra noted that the civil court, by an order on Jan 6, 2025, had directed that status quo be maintained and restrained Cuttack Development Authority (CDA) from acting on the latest measurement report. The interim order continues to operate. “Where disputed questions of fact are involved and the parties are already before the civil court, the high court should refrain from exercising its extraordinary jurisdiction,” Justice Mishra further observed.The dispute centres around two plots, which the petitioners claimed are public roads blocked by unauthorised constructions raised by five people, affecting access to local residents. They relied on earlier action by Cuttack Development Authority (CDA), which had ordered demolition of encroachments in Aug 2016, a decision upheld in appeal in Sept 2017.Following a direction of the high court in an earlier round of litigation, joint measurements were conducted in 2019 and again on July 10, 2024, both indicating encroachment. Notices were issued in Aug 2024, but with no further steps taken, the petitioners moved the court again seeking enforcement.The alleged encroachers, however, disputed the claim, stating that one of the plots is a jointly owned private passage while the other is private homestead land. They alleged that the petitioners had “falsely projected a private passage as a public road” and pointed out that civil suits filed in 2024 over title, possession and nature of the land are pending before the civil judge (senior division), Cuttack.They also challenged the correctness of the measurement reports.However, Justice Mishra declined to interfere and disposed of the two petitions, granting liberty to the petitioners to seek relief before the civil court, which will adjudicate the dispute based on evidence and law.
