Cuttack, June 3: Implementation of Orissa High Court’s order to demolish “unauthorised constructions of religious nature” in Cuttack Municipal Corporation (CMC) area seems to have hit a roadblock.
The Bhubaneswar-Cuttack commissioner of police B.K. Sharma has raised objections over the decision taken by the committee constituted by the chief secretary that the deputy commissioner of police (DCP), Cuttack, would supervise and control the overall execution of the programme.
Sharma has also dubbed the committee’s decision that the DCP, Cuttack, would report to the revenue divisional commissioner (central division) on the progress of the eviction programme on a weekly basis, as “unacceptable”.
The decision was taken by the committee with the RDC (central division), Cuttack, as its chairman at its first meeting on May 18.
Interestingly, the police commissioner, a member of the committee, did not attended the meeting but had deputed a DCP to represent him. Other members of the committee were the CMC commissioner and vice-chairman of Cuttack Development Authority (CDA).
The committee, in pursuance of a high court order, had divided the entire CMC area into four zones on lines of the existing four police zones in Cuttack city and formed an anti-encroachment squad for each zone.
According to sources, the committee had decided that anti-encroachment squads would function under the supervision of the assistant commissioner of police (ACP) of the concerned police zone. These squads would prepare a plan for eviction and submit it to the DCP, Cuttack.
“The DCP was to approve the plan of action, supervise and control the overall execution of the eviction programme from June 1. A revenue supervisor and representing officers of the CMC, CDA, roads and buildings department, irrigation department and the power distribution company were included in each of the anti-encroachment squads,” an official said.
But the police commissioner has sought a change in the role assigned to the ACPs in the anti-encroachment squads and the DCP in the execution of the eviction programme for compliance of the high court order.
A senior police officer said: “The CP has pressed for assigning the planning and responsibility for removal of encroachments to the municipal corporation as it has been decided that eviction notices will be issued under the Orissa Municipal CorporationAct.”
Bhubaneswar-Cuttack police headquarter sources said the CP had, in a letter to the chairman of the committee, suggested: “The ACPs, being the executive magistrates, should supervise the deployment and actual operation of the police and be only a member of the anti-encroachment squads instead of supervising its functioning.”
“The CP has contended that there will be no need for the DCP, Cuttack, to approve any plan or supervise or control the overall execution of the eviction programme after the functioning of the anti-encroachment squads were redefined. A senior revenue official or a municipal official of the appropriate rank be entrusted with the responsibility,” a police official said on the condition of anonymity.
The committee had decided that the four anti-encroachment squads would submit their progress reports to the DCP, Cuttack, on a daily basis. The DCP was to submit a consolidated report on the progress every week to the RDC.
But the commissioner of police had raised objections on the ground the DCP functions within the statutory frame work of Orissa Urban Police Act, 2003 (Orissa Act 8 of 2007).
“The CP had made it clear in his letter that the submitting of weekly reports to the RDC was not acceptable as it would dilute the command structure of the police organisation, besides being contrary to the provisions of the statute. If there are issues requiring the intervention of DCP, Cuttack, to comply to the orders of the high court, he will seek instructions from the CP alone,” the police official said.
The high court had, on January 6, ordered for demolition of “religious institutions” which were constructed after 1987 over government land without permission from competent authorities and do not find mention in the record of rights (RORs) of 1987.
The office of the Cuttack collector had submitted for eviction 164 “unauthorised constructions of religious nature” in the CMC area. The CDA had also submitted to the committee a list of 35 unauthorised religious structures that had come up in Markat Nagar, Bidanasi Housing Project area and Sikharpur Housing project in Mahanadi Vihar.
The anti-encroachment squad for each of the four zones were to identify, as directed by the high court, the unauthorised religious structures which do not find mention in the record of rights (RORs) of 1987.
