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Odisha moves SC, seeks contempt proceedings against Andhra over border row
In the contempt of court petition, the Odisha government said that the Supreme Court in 1968 had first ordered maintenance of status quo in the disputed area and in 2006 the apex court had passed a permanent injunction on the disputed area.
Two days before the Andhra Pradesh government holds its panchayat polls in three bordering villages of Odisha's Koraput district, the Naveen Patnaik government has filed a contempt of court petition in the Supreme Court seeking action against the neighbouring state over its violation of the apex court order in 1968 and 2006.
The Andhra Pradesh government which is conducting panchayat polls in three-phases is reported to have renamed three villages of Kotia gram panchayat in Koraput district of Odisha and included their names in the state's panchayat poll notification. Andhra is reported to have renamed Ganjaipadar into Ganjaibadra, Phattusenary into Pattuchennuru and Phagusenary into Phaguluchennuru, the three villages of Kotia in their notification for the panchayat polls scheduled to be held on November 13.
Even as chief minister Naveen Patnaik last week announced developmental schemes worth ₹18 crore for the villages of Kotia gram panchayat, the state government moved the top court accusing the Andhra Pradesh government of committing contempt of court.
In the contempt of court petition, the Odisha government said that the Supreme Court in 1968 had first ordered maintenance of status quo in the disputed area and in 2006 the apex court passed a permanent injunction on the disputed area. The matter was mentioned on Thursday by senior counsel Vikas Singh on behalf of Odisha, seeking urgent listing. The SC agreed and listed the matter for hearing on Friday.
Citing Article 131 of the Constitution of India, the SC in 2006 said disputes over state boundaries were not within its jurisdiction and can only be resolved by the Parliament.
In its contempt of court case, the Odisha government said those villages have been under the control of the Koraput district over the years. “The state has taken many development initiatives in the three villages and has built infrastructures like schools, police stations, roads, bridges etc. for the people of these villages.
The villagers there have been getting benefits of social schemes under the National Food Security Act and State Food Security Act, MGNREGA, Old Age Pension and houses under the Pradhan Mantri Awas Yojana. The Odisha government in its petition also said the 2011 census was conducted in villages of the Kotia panchayat including the three villages.
The state government alleged that the Andhra government in March 2020 included those villages in a notification and kept it secret so that local officials of Koraput would not get to know about it. The petition filed through its advocate Sibo Sankar Mishra said the Andhra Pradesh government's move to hold elections in the 3 village areas will amount to contempt of court as it violated the status quo undertaking given to the Court.
Odisha and Andhra Pradesh are locked in a territorial dispute over the Kotia gram panchayat since 1960. Though Kotia Gram Panchayat has 28 revenue villages, Odisha mistakenly did not survey 21 villages during its formation in 1936. At the time of creation of Andhra Pradesh in the year 1955, those 21 villages were also not surveyed by Andhra resulting in perpetual dispute over those bordering villages.
On Monday, Andhra Pradesh Legislative Council chairman Mohammed Ahmed Shariff during his visit to Bhubaneswar had said the issue could be resolved through discussion between the two governments.
“In India, any dispute between two states can be amicably settled through discussion. I will apprise the Andhra Pradesh Chief Minister on the concern expressed by the Odisha government,” Shariff told reporters.
