IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16071 of 2024 Niraj Kumar Kansal …. Petitioner(s) Mr. Soumya Mishra, Adv. Mr. A. P. Bose, Adv. -versus- State of Odisha & Ors. …. Opposite Party(s) Ms. Gayatri Patra, ASC Mr. J. K. Panda, Adv. CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 16.04.2025 09. 1. This matter is taken up through hybrid arrangement. 2. The Petitioner has filed this Writ Petition challenging the order dated 06.04.2024 passed by the Executive Officer, Bargarh Municipality in Encroachment Case No.34/2024 regarding demolition of his residential buildings. 3. Heard. 4. Learned counsel for the Petitioner submits that the Petitioner has filed the reply to the show cause issued by the Opposite Parties Authorities. As per the show cause notice issued by them to the Petitioner, the Petitioner’s house has been demarcated by the Municipal Authorities and, therefore, he is apprehending demolition in near future. 5. He further submits that the Executive Officer, Bargarh Municipality vide order dated 06.04.2024 disposed of the case of the Petitioner without taking into account the averments/assertions of the Petitioner taken in the objection petition and without taking into consideration of the materials available on record. 6. In such view of the matter, this Court does not stand on the way of eviction or demolition, if there is unauthorized occupation of the Government land/Municipal land by the Petitioner. However, this Court is of the view that the Petitioner should be given at least fifteen days time to vacate the land in question from the date of issuance of eviction notice. 7. It is important to note that there should be reasonable time gap between the issuance of eviction notice and the date of demolition/eviction. 8. Since the right to housing is a human right, the same cannot be taken away on the stroke of a pen or without giving a breathing space. Hence, the Municipal Authority is directed to give at least fifteen days time in all the cases whenever the authorities are planning to evict or demolish because of unauthorized occupation. 9. If this order is not followed by the authorities, the concerned authorities shall be hauled up with contempt. 10. Accordingly, the Writ Petition is disposed of. (Dr. S.K. Panigrahi) Judge Sumitra