The petitioner argued that the land was a canal and any construction would obstruct the natural flow of water, particularly during the rainy season, causing waterlogging in the area. He also contended that the alienation violated provisions of the Odisha Government Land Settlement Act and Rules, especially as Lingipur GP would cease to exist following its proposed inclusion under the Bhubaneswar Municipal Corporation (BMC).The court noted that the decision to change the status of a portion of the land from canal to patita kissam was based on the assumption that it had lost its character as a water body. However, the site selection committee’s report dated April 11, 2025, failed to record any reasons supporting the conclusion or examine the issue of water flow during monsoon.Emphasising environmental concerns, Justice Routray observed that “the nature and character of a water body should be protected from the clutches of urbanisation in larger public interest to maintain the sanctity of nature”.Setting aside the order, Justice Rouray directed the water resources department to reconsider the matter afresh, without bias, after properly verifying the true nature and use of the land, particularly during monsoon.State govt has been asked to take a fresh decision within two months from receipt of the certified copy of the order. Till then, no further construction activity is to be undertaken on the land.The court also asked the authorities to re-examine the necessity of a GP office in Lingipur in view of the draft notification dated Dec 31, 2025 proposing its inclusion in BMC.
