Orissa High Court Quashes State Order on Canal Land Diversion Near Bhubaneswar
The Orissa High Court has delivered a significant ruling, setting aside a state government order that authorized the alienation of canal land at Lingipur on the outskirts of Bhubaneswar. This land was intended for the construction of a gram panchayat (GP) office and a market complex, but the court's decision highlights critical environmental and legal concerns.
Legal Challenge and Court Proceedings
A bench presided over by Justice B P Routray issued this order on February 4, 2024, while adjudicating a writ petition filed by Kshetra Mohan Rout, a resident of Lingipur. The petition contested a January 12, 2024, order from the water resources department, which relinquished 0.700 decimals of land classified as 'canal' kissam. This land was to be transferred to the revenue department and subsequently to the panchayati raj and drinking water department for development purposes.
Petitioner's Arguments Against the Diversion
The petitioner raised compelling objections, arguing that the designated land is an active canal. Any construction on this site would obstruct the natural flow of water, particularly during the monsoon season, leading to severe waterlogging in the surrounding area. Additionally, Rout contended that the alienation violated key provisions of the Odisha Government Land Settlement Act and Rules. He emphasized that the Lingipur GP is slated for inclusion under the Bhubaneswar Municipal Corporation (BMC), rendering the need for a new GP office questionable.
Court's Observations on Environmental and Procedural Flaws
In its detailed assessment, the court noted that the state's decision to reclassify a portion of the land from canal to patita kissam was based on an assumption that it had lost its character as a water body. However, the site selection committee's report from April 11, 2025, failed to provide any substantive reasons supporting this conclusion. Crucially, the report did not examine the critical issue of water flow during the monsoon period, a major oversight given the environmental implications.
Justice Routray underscored the importance of environmental preservation, stating, "the nature and character of a water body should be protected from the clutches of urbanisation in larger public interest to maintain the sanctity of nature." This observation reflects a growing judicial emphasis on safeguarding natural resources against unchecked urban development.
Court's Directives and Future Implications
As a result of these findings, the court has set aside the contentious order. It directed the water resources department to reconsider the matter afresh, without any bias, after conducting a thorough verification of the land's true nature and usage, especially during the monsoon season. The state government has been instructed to make a new decision within two months from the receipt of the certified copy of the court's order. Until then, all construction activities on the land are to be halted immediately.
Furthermore, the court has mandated that authorities re-examine the necessity of constructing a GP office in Lingipur. This directive takes into account a draft notification dated December 31, 2025, which proposes the area's inclusion into the Bhubaneswar Municipal Corporation, potentially obviating the need for such a facility.
This ruling not only addresses a specific local issue but also sets a precedent for the protection of water bodies and adherence to legal procedures in land use decisions across Odisha.
