Leasehold Land Regularisation in Bhubaneswar

To
Shri Narendra Modi
Hon’ble Prime Minister of India
Prime Minister’s Office, New Delhi

Respected Sir,

Subject: Humble Request for Your Kind Intervention for Uniform Implementation of Hon’ble High Court of Odisha Orders on Regularisation of Leasehold Land in Bhubaneswar and for Withdrawal of Selective SLPs – ‘Gen Z’ Citizens’ Movement

With due respect, I submit this representation on behalf of thousands of citizens of Bhubaneswar regarding the prolonged non-implementation of the Hon’ble High Court of Odisha’s orders on the regularisation of leasehold land by the Government of Odisha.

With deep respect and concern, a citizens’ initiative named ‘Gen Z’ has been started in Bhubaneswar. The strength of this movement lies with senior citizens aged 40 to 80 years, who have come forward after years of hardship. They are lawful owners of leasehold land yet they are unable to obtain permission to build their own homes and are compelled to live in rented accommodation during their later years.

FACTS AND GRIEVANCES:

1. Non Finalisation of Draft Parchas:
   During the settlement operation period, the Settlement Authority issued Parcha (Draft Patta) in all cases in Pathargadia Mouza, Bhubaneswar. As per settled law, where no objection is received within 3 months, including from the Government, the Parcha is to be finalised and Patta issued.
   This position was affirmed by the Hon’ble High Court 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 prefer SLP. Despite this, finalisation of Parchas remains pending, causing genuine hardship to landowners.
2. Selective Challenge to Hon’ble High Court Orders – Concern regarding Article 14:
   While High Court directions on regularisation have been implemented in several cases, SLPs were filed in a few selected matters. Even after dismissal of SLPs with remand and reiteration of orders by the High Court, the Revenue Department is reportedly considering filing SLPs selectively.
   Such differential treatment creates a sense of arbitrariness and is contrary to the principle of equality before law under Article 14. We therefore request withdrawal of all pending proposals to file SLPs in such matters.
3. Non-Correction of Kissam to ‘Gharabari’ despite Court Orders:
   In cases where the Tahasildar, Bhubaneswar has issued Patta recording status as ‘Sthitiban’ in compliance with High Court orders, the Kissam continues to be shown as ‘Baje Fasal’/Agriculture. In similar cases, Kissam has already been corrected to ‘Gharabari’.
   Because of this inconsistency, BDA is unable to grant building plan approvals, and citizens are facing undue financial burden. We request uniform correction of Kissam to ‘Gharabari’ in all ‘Sthitiban’ cases.

HARDSHIP:
The lack of uniformity in implementation has caused considerable financial and mental distress to senior citizens and retirees. Lawful owners are facing difficulties in respect of their own property due to procedural delays.

HUMBLE PRAYER:
In view of the above, I most respectfully request your kind intervention and direction to the Hon’ble Chief Minister of Odisha to kindly issue appropriate directions:

1. To the Department of Revenue, Government of Odisha and the District Collector, Khurda to ensure uniform and time-bound implementation of all High Court judgments on leasehold land regularisation;
2. To the competent authority to expedite finalisation of all Parchas issued by Settlement Authorities where no objection was received within 3 months;
3. To the ADM, Bhubaneswar to uniformly change Kissam to ‘Gharabari’ in all ‘Sthitiban’ cases;
4. To the ADM, Bhubaneswar to dispose of pending OLR Appeal cases within 60 days and to allow Kissam change wherever similar cases have been allowed;
5. To the Department of Revenue, Government of Odisha to withdraw proposals for filing SLPs in selective cases;
6. That in mutation and RoR correction matters, fresh physical verification may kindly be dispensed with as the same has already been conducted by the Settlement Amin;
7. To the Tahasildar, Bhubaneswar to issue Patta in accordance with the Parcha issued during the settlement period to all landowners of Pathargadia Mouza.

Sir, this matter affects the dignity and shelter of thousands of senior citizens. We earnestly seek your kind intervention to uphold the rule of law and to ensure justice for all.

With profound regards and gratitude,

Yours faithfully,

Lokanath Mishra