In a stern rebuke of unlawful executive action, the Orissa High Court has ordered the State to pay ₹10 lakh in compensation for illegally demolishing a community center, with ₹2 lakh to be recovered from the salary of the responsible Tahasildar. The court condemned the blatant disregard for judicial orders and procedural safeguards, terming it a dangerous trend of “bulldozer justice.”
The dispute centered around a goshtigruha (community center) built on land classified as gochar (grazing land) under the Odisha Prevention of Land Encroachment Act, 1972 (OPLE Act). The structure, existing since 1985 and reconstructed in 2016-18 using public funds, served public welfare programs. Despite its long-standing presence, authorities initiated encroachment proceedings in July 2024.
The petitioners challenged the eviction notice before the High Court, which directed them to seek settlement under Section 8A of the OPLE Act. Their application was rejected, prompting an appeal before the Sub-Collector. Despite the High Court’s interim order restraining eviction on 29.11.2024, a fresh demolition notice was issued on 05.12.2024. The court reiterated its stay on 13.12.2024, but shockingly, the Tahasildar proceeded with the demolition the next morning, even as the appellate authority was yet to pronounce its verdict.
Justice Sanjeeb Kumar Panigrahi lambasted the executive’s “steady and conscious departure” from legal norms, emphasizing that the demolition was carried out while judicial proceedings were pending. The court noted that the executive’s actions reflected a “deeper disregard for constitutional process and institutional boundaries,” violating Supreme Court mandates on procedural safeguards in demolition cases.
The judgment highlighted that the Tahasildar’s haste was not merely an administrative lapse but a deliberate defiance of judicial authority. “When the State demolishes a structure knowing that a judicial body is seized of the matter, it undermines the rule of law,” the court observed. The demolition, executed without a 15-day notice or video documentation as required by the Supreme Court, was deemed a “compound violation of lawful governance.”
The court expressed grave concern over the growing trend of “bulldozer justice,” where executive actions bypass legal processes. “It is not the bulldozer that offends constitutional sensibilities, but its deployment before the law has spoken,” the judgment stated. The bench underscored that such actions erode public trust in institutions and violate the substantive right to property under Article 300-A of the Constitution.
Considering the breach of judicial orders, procedural violations, and the loss suffered, the court awarded ₹10 lakh in compensation, with ₹2 lakh to be deducted from the Tahasildar’s salary. The State was directed to reconstruct the community center within three months. Additionally, departmental proceedings were ordered against the Tahasildar, and the Chief Secretary was instructed to issue fresh guidelines aligning with Supreme Court directives on demolitions.
The Orissa High Court’s ruling serves as a strong deterrent against arbitrary executive actions, reaffirming that the rule of law must prevail over administrative impunity. By penalizing the errant official and compensating the victims, the judgment upholds constitutional accountability and safeguards citizens’ rights against unchecked state power.
Case Title: Kumarpur Sasan Juba Gosti Kendra & Ors. v. State of Odisha & Ors.
Judgment Date: June 20, 2025
© 2025 Powered by Digi Grow Solutions | Design by Hasan Jafer
