Orissa High Court Upholds Odisha Land Rights to Slum Dwellers Act, 2017, Validates PMAY-Urban Framework

Court Emphasizes State's Duty for Planned Rehabilitation, Rejects Unauthorized Public Land Occupation

In a significant ruling, the Orissa High Court has upheld the legality of the Odisha Land Rights to Slum Dwellers Act, 2017, and validated the policy framework of the Pradhan Mantri Awas Yojana (Urban) (PMAY-Urban). The judgment, delivered by Dr. Sanjeeb K Panigrahi, J., emphasized the state's constitutional duty to provide planned rehabilitation for slum dwellers rather than allowing unauthorized occupation of public land. The court was hearing multiple writ petitions challenging the authorities' actions in declining land settlement in favor of long-standing slum dwellers of Shantipalli Basti, Bhubaneswar.

The petitioners, who have resided in the slum for generations, argued for their right to shelter under Article 21 of the Constitution, claiming benefits under the 'Jaga Mission.' They contended that the state failed to provide statutory eviction notices and relied on oral instructions for eviction, contrary to legal precedents.

The court, however, found the petitioners' occupation unauthorized and emphasized that the right to shelter does not equate to a right to illegal occupation. It highlighted the importance of structured rehabilitation through statutory guidelines and stated that long possession of public land does not confer ownership. The court commended the state’s efforts in implementing a structured, budgeted redevelopment program under the PMAY-Urban, marking it as a lawful and humane initiative.

The court also upheld the beneficiary contribution of Rs.1,50,000/- per dwelling unit as reasonable, allowing for financial facilitation through bank-linked credit support. It vacated the interim status quo order, enabling progress in construction phases, and directed petitioners to relocate to designated transit accommodations.

The judgment underscores a balance between individual hardship and collective welfare, advocating for the completion of socially transformative housing initiatives for the urban poor. The court concluded by affirming the legality of the land transfer and encouraging the continuation of Phase-II of the redevelopment project without obstruction.

Bottom Line:

The Court upheld the legality of the Odisha Land Rights to Slum Dwellers Act, 2017, and the policy architecture of PMAY-Urban, emphasizing the State's duty to provide planned rehabilitation and rejecting unauthorized occupation of public land.

Statutory provision(s): Odisha Land Rights to Slum Dwellers Act, 2017, Article 21 of the Constitution of India, Pradhan Mantri Awas Yojana (Urban).

Khetrabasi Behera v. State of Odisha, (Orissa) : Law Finder Doc Id # 2809914