Odisha
,
Pokharia
,
Mayurbhanj
Published :
|
Updated :
PESA Act overlooked in President Murmu’s district as tribal families evicted for airstrip
Reported by
Sukriti Vats
Legal Review by
Anmol Gupta
Sourabh Rai, Amrita Chekkutty
Edited by
Anupa Kujur
43
Households affected
206
People affected
2025
Year started
ha.
Land area affected
43
Households affected
206
People Affected
2025
Year started
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Airport
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Airport
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

On 4 March 2025, Dam Hansda, one of the residents of Pokharia village of Odisha's Mayurbhanj district, was issued a notice declaring his house an encroachment and was fined under Section 9 of the Odisha Prevention of Land Encroachment Act, 1972.

The Sarpanch (village head) was also informed to call the meeting of Gram Sabha (village council) on 8 March 2025 to discuss the expansion of Dandbose airport and the subsequent acquisition of land. Since the villagers were celebrating the Sarhul festival, which heralds the beginning of a new year, they requested a 15-day extension to hold the Gram Sabha. This request was ignored, and the Gram Sabha was neither held nor postponed.

The electricity department disconnected electricity to Dam Hansda and 43 other houses on 13 March. Five days later, the residents were given notice to vacate their homes within 30 days or face eviction. However, the Tehsildar (revenue officer) and armed police initially tried to evict the residents of 43 households but failed due to the protest on 20 March, but again warned them on the 24th to vacate the house by the next day. Finally, three platoons of police officials forcefully bulldozed the houses on 26 March and allegedly distributed "polythene" for shelter, which was considered a mockery. 

Interestingly, Mayurbhanj district is not just a Fifth Schedule Area that gives special safeguards for tribal populations, but the home district of President Droupadi Murmu. The area is also close to Keonjhar, the home district of Odisha Chief Minister Mohan Charan Majhi. Despite special provisions given regarding self-rule to such villages, laws were violated. 

The families were displaced without consulting the Gram Sabha, as mandated under the Panchayats (Extension to Scheduled Areas) Act (PESA). Civil society leaders and activists claimed that the land in question was classified as 'gauchar' (grazing land) and acquisition of such "community lands" should have required proper consent from the Gram Sabha, which is empowered to protect tribal rights and autonomy under the PESA Act. 

The villagers argued that they had been living on that land for 40 years, and the government provided them with amenities such as drinking water, electricity, and housing under schemes like Indira Awas Yojana and PMAY. If that was the case, how could their houses be considered illegal? There were accusations of violation of the fulfilment of the 30-day notice period, as demolition occurred only eight days after the formal notification without any hearing. 

"While the government is suggesting people not to leave their homes after 11 am during heavy summer heat, 43 tribal families have been spending time under the open sky as authorities razed their dwellings and rendered them homeless. We demand that demolished houses be rebuilt, disciplinary actions against concerned government officers, and power given to Gram Sabha to decide next steps," said Prafulla Samantara, President of Lok Shakti Abhiyan, a rights-based organisation in Odisha. 

Following a fact-finding investigation, Samantara and other leading activists -- Narendra Mahanti and Sandeep Pattnaik, led by noted lawyer Bishwapriya Kanungo filed a case with the Odisha Human Rights Commission (OHRC). Upon reviewing the case, Justice Satrughna Pujahari, OHRC Chairperson, directed the Mayurbhanj District Collector to provide temporary housing and basic amenities to the displaced families and submit a fact-based report by 9 May 2025.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for compensation

Demand to get back acquired land

Demand for better access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Non-Forest (Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

45

Type of investment:

Cost of Project

Year of Estimation

2024

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Odisha district administration

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

JOIN
THE LCW COMMUNITY
Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


Support our work.
Sign Up Today
Author
Reported by
Show more work
Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for compensation

Demand to get back acquired land

Demand for better access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Residential area

Whether the project was stalled due to land conflict

Source/Reference

JOIN
THE LCW COMMUNITY
Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


Support our work.
Sign Up Today
Conflicts Map
Conflict Database
About Us