Gen Z movement in Bhubaneswar

Subject: Gen Z movement in Bhubaneswar: Urgent demand for uniform implementation of Hon’ble High Court of Odisha orders on regularisation of Leasehold Land in Bhubaneswar

This grievance is submitted on behalf of thousands of citizens of Bhubaneswar regarding the prolonged and discriminatory non-implementation of Hon’ble High Court of Odisha orders on regularisation of leasehold land.

Due to deep anguish, a citizens’ movement named ‘Gen Z’ has been launched in Bhubaneswar. The backbone of this movement comprises senior citizens aged 40 to 80 years who own leasehold land lawfully, pay Government rent regularly, yet are denied permission to construct homes and are forced to live in rented houses.

Grievance in Detail:

1. Illegal Delay in Finalisation of Draft Parchas
   The Settlement Authority has issued Parcha (Draft Patta) in many cases. As per law and settled principles, where no objection is received within 3 months of issue, including from the Government, the Parcha must be finalised and Patta issued. This is as per Hon’ble High Court judgments in Shakuntala Dash vs State of Odisha, WP(C) No.11912/2017 and Padmanava Prusty vs State of Odisha, WP(C) No.12776/2014.
   The State accepted these judgments and did not challenge them before Supreme Court. Despite this, Revenue Department is refusing to finalise Parchas. Parchas issued by Settlement Authority during settlement operational period are still valid as Settlement has neither approved nor cancelled them. This delay is causing severe hardship to genuine landowners.
2. Arbitrary and Discriminatory Challenge to HC Orders – Violation of Article 14
   While Government has implemented High Court orders in several cases of leasehold regularisation, in a few selected cases SLPs were filed before Supreme Court. Even after dismissal of SLPs with remand and reiteration by High Court, Revenue Department is again proposing to file SLPs selectively.
   This pick-and-choose approach is arbitrary and violates Article 14. Law cannot be applied to some and litigation pursued against others similarly placed. All such pending proposals to file SLP must be withdrawn immediately for uniform implementation.
3. Refusal to Correct Kissam to ‘Gharabari’ Despite HC Orders
   In cases where Tahasildar, Bhubaneswar has issued Patta as ‘Sthitiban’ pursuant to High Court orders, the Kissam is being illegally retained as ‘Baje Fasal’/Agriculture. In identical cases Kissam has already been changed to ‘Gharabari’.
   Due to this, BDA/BMC is denying building plan approvals. Citizens are forced to pay high rent. Appeals are pending before ADM, Bhubaneswar but are not being disposed within prescribed time nor is Kissam being changed. This needs immediate correction.

Hardship Caused:
Because of non-uniform action, senior citizens and retirees face severe financial and mental distress. Rightful owners are treated as encroachers on their own land due to bureaucratic inaction.

PRAYER:
It is therefore prayed that appropriate directions may kindly be issued for:

1. Uniform implementation of all High Court judgments on leasehold land regularisation without delay or discrimination;
2. Immediate finalisation of all Parchas issued by Settlement Authorities where no objection was received within 3 months;
3. Change of Kissam to ‘Gharabari’ in all ‘Sthitiban’ cases and stop illegal differentiation;
4. Disposal of all pending OLR Appeal cases before ADM, Bhubaneswar within 60 days and allow Kissam change where similar cases were allowed;
5. Withdrawal of all proposals for filing SLPs in selective cases;
6. No insistence on fresh physical verification in mutation/RoR correction as Settlement Amin has already done it;
7. Issue of Patta as per Parcha issued during settlement period to all landowners of Pathargadia Mouza.

Early intervention is requested so that the matter does not get further aggravated and senior citizens are not forced to resort to public agitation under the Gen Z movement.