HC restrains Odisha government from demolishing properties under Ekamra Kshetra project

CUTTACK: The Orissa High Court  has restrained the State government from carrying out further demolition work under the Ekamra Kshetra Amenities and Monuments Revival Action Plan, which aims to revive and preserve the heritage and grandeur of the 11th century Lingaraj temple and its surroundings.

A petition was filed by one Janmejaya Kar challenging the action of the authorities who allegedly threatened him to demolish his residential house near the temple.  

When the petition came up on Monday, the counsel for the petitioner submitted that the district administration forcibly demolished his residential house on November 8 without due process of law and without any settlement under the rehabilitation and resettlement policy announced by the State government under the project.

Taking serious note of it, the division bench of Justice Sanju Panda and Justice SK Panigrahi came down heavily on the government. The bench observed that a citizen should not be deprived of his property without due process of law.

"We deprecate such action of the State to demolish the house of the petitioner as contended by his counsel. In view of such overt act of the State authorities, we restrain the State government from carrying out any further demolition under Ekamra Kshetra Amenities & Monuments Revival Action Plan without leave of the Court," the Bench said.

The restriction assumes significance as work is underway on around 66 acres surrounding the 11th century Lingaraj temple and Bindu Sagar. The State government has already announced projects worth around Rs 700 crore under the project.

The State government had announced a rehabilitation and resettlement policy under the Ekamra Kshetra Amenities & Monuments Revival Action Plan in January.

According to the policy, all residential and commercial units having clear title of the land would be acquired through direct purchase method prescribed by the State government while compensation will be given as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

There shall be an option to provide land instead of compensation amount having equal market value of the land to be acquired. Immediate assistance of Rs 1 lakh per family will be provided towards expenses related to transportation and immediate arrangements. Each family shall be provided with Rs 15,000 per month for a period of 12 months from the date of acquisition of property.