Encroachment on Government or Road Land in Odisha: Penalties and How to Report
Encroaching on government land, forest land, or public roads in Odisha is a punishable offence under the Odisha Prevention of Land Encroachment Act 1972. This guide explains penalties, the removal process, and what to do if a neighbour has encroached on public land near your property.
By Advocate Debarchana Samal · 21 July 2026 · 6 min read
The Odisha Prevention of Land Encroachment Act, 1972
The primary law governing encroachment on government land in Odisha is the Odisha Prevention of Land Encroachment Act, 1972 (OPLE Act). This law prohibits any person from encroaching upon or unauthorisedly occupying government land — whether it is Sarkar Khas land, forest land, a public road, path, or water body like a pond or canal.
Many cases I have handled involve gradual encroachment — a neighbour who slowly extends their boundary wall a few feet at a time, or someone who quietly constructs a boundary on the margin of a village road. Over years, this incremental occupation becomes difficult to reverse without legal intervention. The good news is that the OPLE Act gives revenue authorities strong powers to act — the problem is that these powers need to be invoked through a proper complaint.
How Encroachments Typically Happen
Penalties for Government Land Encroachment in Odisha
Under the OPLE Act, a person who encroaches on government land is liable for: eviction from the land; demolition of any unauthorised construction or structure built on the land; payment of a penalty as determined by the competent authority; and in serious cases, criminal prosecution that can result in imprisonment.
Importantly, there is no concept of adverse possession against government land in Odisha or anywhere in India under current law. The Supreme Court has categorically held that an encroacher cannot claim title or ownership over government land regardless of how many years they have been in occupation. This is a critical distinction from disputes over private land.
Government (Sarkar Khas) Land
Complaint to: Tahasildar / Revenue Inspector
Odisha Prevention of Land Encroachment Act 1972
Forest Land
Complaint to: Divisional Forest Officer / Range Officer
Forest Conservation Act + Odisha Forest Act
Public Roads and Highways
Complaint to: PWD / Municipality / Sub-Collector
Odisha Municipal Act / National Highway Act
Urban Government Land
Complaint to: BDA / Development Authority / ULB
Odisha Development Authorities Act
Who to Complain to for Government Land Encroachment
The right authority depends on the type of land that has been encroached. Getting this right matters — a complaint to the wrong office will just be redirected and waste time.
For Sarkar Khas land (government revenue land) in rural Odisha, the Revenue Inspector (RI) is the first point of contact. A written complaint to the RI leads to a field verification. The RI reports to the Tahasildar, who has the statutory power under the OPLE Act to issue eviction orders. For matters not resolved at Tahasildar level, the Sub-Collector and then the District Collector are the escalation authorities.
For road encroachment, the PWD Sub-Divisional Officer is the right authority for state roads and national highways. For urban areas, the municipal commissioner or town planning authority handles road margin encroachments. Village paths come under the Gram Panchayat and the Block Development Officer (BDO).
What Happens After You File a Complaint?
After a complaint is filed, the Tahasildar (or relevant authority) is required to: issue a notice to the alleged encroacher; conduct a field inspection and survey; give the encroacher an opportunity to be heard; and pass an eviction order if encroachment is established. The entire process is quasi-judicial — both sides get to present their case.
If the encroacher has built a permanent structure on government land, the authority can order its demolition. If they refuse to vacate, the authority can carry out eviction with police assistance. A penalty (fine) is also imposed, and in egregious cases, criminal prosecution follows.
If the Tahasildar does not act: Revenue authorities in Odisha sometimes delay action, especially where the encroacher has local political influence. If the Tahasildar fails to act on a clear encroachment complaint within a reasonable time, you can file a writ petition before the Odisha High Court under Article 226 directing the authority to perform its statutory duty. Courts have repeatedly issued such directions in encroachment cases.
Getting Government Land Demarcated to Prove Encroachment
One practical challenge in encroachment cases is proving exactly where the boundary of government land lies. If the encroacher disputes the extent of encroachment, you should apply to the Tahasildar for an official demarcation survey. In Odisha, the Amin (revenue survey officer) conducts the survey on the ground using the original survey settlement records. The resulting demarcation report is strong evidence in any legal proceeding and helps the Tahasildar pass a precise eviction order. You can also verify land classification and plot records on the Bhulekh Odisha portal at bhulekh.ori.nic.in before filing your complaint.
Step-by-Step: How to Report Government Land Encroachment in Odisha
Identify the land type and confirm it is government land
Check the ROR (Record of Rights) on Bhulekh Odisha at bhulekh.ori.nic.in. Note the plot number, khata number, and the land classification. Confirm the land is recorded as Sarkar Khas, road, forest, or other government category — this determines your complaint authority.
Collect photographs and documentary evidence
Take dated photographs showing the encroachment clearly. Note the extent of encroachment, any permanent structures built, and the direction relative to existing survey markers or boundary pillars.
File a written complaint with the correct authority
Submit a written complaint to the Tahasildar (for Sarkar Khas land), PWD Sub-Divisional Officer (for road encroachment), Forest Department Range Officer (for forest land), or BDA/municipality (for urban government land). Attach copies of land records and photographs.
Request an official survey and demarcation
In your complaint, specifically request the Tahasildar to direct an Amin survey to demarcate the boundary of government land. This creates an official record of the encroachment that the encroacher cannot easily dispute.
Escalate or file a writ petition if action is not taken
If the revenue authority does not act within 30-60 days, write to the Sub-Collector and District Collector. If still no action, a writ petition before the Odisha High Court under Article 226 directing the Tahasildar to act is an effective last resort.
Encroachment Problem Near Your Property in Odisha?
Advocate Debarchana Samal handles government land encroachment complaints, writ petitions before the Odisha High Court, and revenue disputes across Cuttack and Odisha. Contact us for a practical assessment of your situation.
Frequently Asked Questions
Can an encroacher claim ownership of government land in Odisha through long possession?
No. The Supreme Court of India has clearly held that adverse possession cannot be claimed against government land. No matter how many years a person has occupied government land, they cannot claim ownership. The government can reclaim such land at any time through eviction proceedings under the Odisha Prevention of Land Encroachment Act 1972.
Who do I complain to if my neighbour has encroached on the road in front of my house in Odisha?
For road encroachment, the complaint should go to the PWD (Public Works Department) if it is a state highway or PWD road, or to the municipality or NAC if it is within a town or city area. You can also approach the Sub-Collector or District Collector if the PWD does not act. For rural roads and village paths, the Revenue Inspector and Tahasildar have jurisdiction.
What is Sarkar Khas land in Odisha?
Sarkar Khas land is government land that is not assigned to any private person. It includes fallow land, waste land, communal land, and land vesting in the state government. It is recorded in revenue records as belonging to the government. Encroachment on such land is prohibited under the Odisha Prevention of Land Encroachment Act 1972.
What action does the Tahasildar take after a complaint about government land encroachment in Odisha?
After receiving a complaint, the Tahasildar issues a notice to the encroacher, conducts a field inspection and survey, and passes an eviction order if encroachment is established. The authority can also demolish unauthorised construction on government land and levy a fine. If the encroacher does not vacate, forcible eviction can be carried out with police assistance.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
Need Legal Help?
Land Dispute or Encroachment Matter in Cuttack or Odisha?
Schedule Your Legal Consultation Today
Every legal matter has a time-sensitive dimension — the sooner you seek counsel, the stronger your position.
Serving clients across Cuttack, Bhubaneswar, and all districts of Odisha.