Cuttack, June 5: The revenue divisional commissioner (central division) has turned down objections raised by the police commissioner over the role assigned to the deputy commissioner of police (DCP), Cuttack, for eviction and demolition of unauthorised constructions of religious nature in the city.

A committee constituted by the chief secretary with the revenue divisional commissioner (RDC) as its chairman had, on May 18, decided that the DCP (Cuttack) would supervise and control the overall execution of the eviction programme from June 1 in compliance with the high court order.

The DCP was also to approve action plans prepared by the four anti-encroachment squads constituted with an assistant commissioner of police (ACP) as team leader and officers of the revenue department, Cuttack Municipal Corporation, Cuttack Development Authority, roads’ and buildings department, irrigation department and the power distribution company as members.

But police commissioner B.K. Sharma objected to this in a letter to RDC (central division) P.K. Mohapatra on May 26 stating that the eviction notices were to be issued under the Orissa Municipal Corporation Act.

Sharma pressed for a change in the decision and entrusting the responsibility to either a senior revenue official or a municipal official instead of the DCP.

He wanted the ACPs to be included as regular members of the anti-encroachment squads to supervise the deployment and actual operation of the police.

The RDC however, has in a reply, reminded the CP that with the introduction of the commissionerate system, the entire role of the district magistrate as well as executive magistrate has been withdrawn from both revenue as well as municipal officers in the area of operation of the commissionerate of police.

“Since the Orissa Urban Police Act, 2003, came into force, police officers have been vested with all powers and responsibilities of executive magistrates and the powers of the district magistrate are now vested with the commissioner of police,” the RDC said in his reply yesterday.

The RDC further reminded the CP that the removal of encroachments was also part of responsibility of the police officers according to the act and said the ACPs were assigned the roles of team leaders of each anti-encroachment squad as they had magisterial as well as normal police powers.

The DCP (Cuttack) was assigned the role of approving the plans of action and supervising the execution of eviction programme because he is vested with powers of an executive magistrate and is the controlling authority of the ACPs. Besides, he is the authority to assess and deploy adequate police force during such operations, the RDC said.

The committee had decided that the four anti-encroachment squads would submit progress reports to the DCP, Cuttack, on a daily basis. The DCP was to submit a consolidated report of the progress on a weekly basis to the chairman of the committee.

But the commissioner of police had made it clear in his letter that “submitting of weekly reports to the RDC is not acceptable as it would dilute the command structure of a police organisation”.

Taking note of it, the RDC had replied: “If the commissioner of police apprehends that this would dilute the command structure of police organisation, the DCP may submit these weekly reports to the commissioner of police and the commissioner, being a member of the committee, may appraise the committee during review meetings.”

The police commissioner, who is a member of the committee, had not attended the meeting on May 18 but deputed a DCP to represent him. The other members of the committee are the commissioner of CMC and the vice-chairman of Cuttack Development Authority (CDA).