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Orissa HC imposes ₹82 lakh penalty on govt for demolition despite stay order
The recovery of ₹82 lakh includes a personal deduction of ₹2 lakh from from the salary of the tehsildar who carried out the demolition
Bhubaneswar: The Orissa high court has ordered the recovery of ₹82 lakh, including a personal deduction of ₹2 lakh from a Tahasildar’s salary, for carrying out a demolition in violation of court orders.
On December 14, 2024, a community hall constructed on grazing land (gochar) in Balasore district of the state was demolished by the local administration a day after the HC issued a stay order. The building, partially funded by government schemes, was in active public use. The district administration did not cite any urgent necessity or emergency to justify the immediate demolition.
“This is not an isolated lapse but part of a growing tendency of executive officers acting as law unto themselves. The blatant disregard of a judicial order is not merely a procedural error—it is contempt in spirit,” Justice SK Panigrahi said while calling the act a “disturbing example of bulldozer justice”, adding that such behaviour undermines both due process and citizens’ trust in public institutions.
The court directed that a total compensation of ₹82 lakh be paid to the organisation running the community centre of which ₹70 lakh is for cost of litigation delays by state revenue department while another ₹10 lakh from state treasury. The court also asked the government to deduct ₹2 lakh from the salary of the tehsildar who carried out the demolition. “…public land, even when disputed, cannot be arbitrarily cleared without due legal proceedings,” the court said.
The court emphasised that personal liability is essential when government officers violate constitutional safeguards and made it clear that public land, even when disputed, cannot be arbitrarily cleared without due legal proceedings.
