Eviction from public premises within an NAC must proceed under the OPP Act, not the OPLE Act.

The petitioner challenged eviction notices in Form Nos. “Ka” and “Kha” issued under Section 9 of the Orissa Prevention of Land Encroachment Act, 1972 (OPLE Act), and the proceedings initiated against him concerning land within Daspalla Notified Area Council (NAC)

The Court noted that Daspalla had been declared an NAC and considered the Division Bench decision in Jasobant Parida v. State of Odisha and Others, W.A. No. 506 of 2016, decided on 21 November 2023

1. Whether eviction proceedings under the OPLE Act could be initiated in respect of land within Daspalla NAC, or whether such proceedings were required to be taken under the Orissa Public Premises (Eviction of Unauthorized Occupants) Act, 1972 (OPP Act)

2. Whether the notification declaring Tahasildars and Additional Tahasildars as Estate Officers under the OPP Act made an OPLE Act proceeding initiated by a Tahasildar valid

Section 2(f) of the OPP Act defines “Public Premises” to include qualifying premises situated within a Municipality, including premises belonging to or taken on lease by specified public bodies

The Court relied on Jasobant Parida, which held that the OPP Act applies to public premises in municipal areas and that eviction proceedings concerning such premises must be initiated by an Estate Officer under the OPP Act; proceedings under the OPLE Act are without jurisdiction and orders made in them are nullities

The Court also applied the principle that where the law prescribes a particular procedure, the matter must be dealt with through that procedure

The Court treated Daspalla’s status as an NAC as undisputed and applied the Division Bench’s interpretation that the OPP Act governs eviction from qualifying public premises in municipal areas

Although Tahasildars and Additional Tahasildars had been notified as Estate Officers under Section 3 of the OPP Act, the Tahasildar had initiated this proceeding under the OPLE Act. The Court held that the officer’s designation under the OPP Act did not cure the use of the different procedure prescribed by the OPLE Act; the proceeding was therefore without jurisdiction

It left the Tahasildar at liberty to initiate fresh proceedings under the OPP Act if the petitioner was liable to be evicted from the land within Daspalla NAC