Odisha
,
Kotia
,
Koraput
Published :
Mar 2021
|
Updated :
Kotia Villages in Odisha Reel under Identity Crisis, Andhra Pradesh Claims Territory
Reported by
Faizi Ahmad
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
5500
People affected
1953
Year started
Land area affected
Households affected
5500
People Affected
1953
Year started
Land area affected
Key Insights
Sector
Land Use
Reason/Cause of conflict
Border Dispute
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Land Use
Reason/Cause of conflict
Border Dispute
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Twenty-one villages in Koraput district in Odisha, more commonly known as the Kotia group of villages, have been caught in an identity crisis since the 1950s. Both Odisha and Andhra Pradesh claim jurisdiction over them, as they are situated along the inter-state border, although the villages are part of the Kotia panchayat in Koraputs Pottangi constituency. After Odisha was formed in 1936, the state government wrote to the then government of Madras Presidency to take steps for delineation of the interstate boundary with Andhra Pradesh. H.S. Gilby, the then assistant director of Survey and Land Records, was appointed to demarcate the boundary in 1942. According to his report, the 21 villages fell within the boundary of Andhra Pradesh. The dispute started in March 1955 when some subordinate government officers from Andhra Pradesh tried to collect rent from the village residents, following the formation of the state in 1953. Y.V. Chavan, the then home minister of India, tried to bring the chief ministers of both the states together to resolve the dispute in a meeting in September 1968. Chavan noted that based on Gilbys report of 1942, which Odisha had accepted, it was difficult to support the states claim over the disputed villages. The Odisha government filed a case in the Supreme Court in 1968. In the original suit, 73 villages were specified to be disputed, but, subsequently, the number was reduced to 21 in 1980. The disputed villages are Doliamba, Madakaru, Kotiya, Digurasembi, Equrasembi, Gangaibhadra, Dhulipadar, Sidivalasa, Arjuvalasa, Panika, Narlavalsa, Tadivalsa, Ranasingi, Simageda, Mahipani, Pattuchenaru, Pagulchenaru, Solapguda, Harmadangi, Kanadora and Barnaguda. The suit claimed that the villages falling within the territory of Odisha were being trespassed upon by Andhra Pradesh. It questioned whether the disputed villages were part of Salur or Pottangi tehsils. The court noted that Pottangi appears to be within the territory of Odisha while Salur comes within the territory of Andhra Pradesh. On March 30, 2006, the suit was disposed of by the Supreme Court, which held that the Parliament alone is authorised to determine the territorial limits of states. At least 5,500 people are caught up in this border war, which has lasted for over 60 years. The villages have two sarpanches (village panchayat heads): Biswanath Khila who represents Odisha and Bisu Gemel who represents Andhra Pradesh. In a bid to woo residents towards them, the two states have provided various benefits to the people in these villages, such as ration, houses, roads and healthcare facilities. In February 2020, the Andhra Pradesh government distributed forest land rights to 19 families of Arjuvalasa village. On February 13, the state also held panchayat polls in three of the disputed villages. On February 25, the Odisha Assembly witnessed ruckus over the issue and the session had to be adjourned. Meanwhile, the Supreme Court has issued a notice to the Andhra Pradesh government over a contempt of court plea filed by Odisha. The plea states that the disputed villages have been under the control of the local administration of Odisha and that the state has undertaken several infrastructure initiatives in these villages.

2
Fact Sheet

Demand/Contention of the Affected Community

No items found.

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Private

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

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

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 Land Revenue and Disaster Management Department, Chief Commissioner of Land Administration, Government of Andhra Pradesh

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

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Author
Reported by
Faizi Ahmad

Faizi is a data journalist and researcher interested in the environment, rural development and livelihoods. He currently works with The India Forum and has previously worked with IndiaSpend, The Hindu and The Week.

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Fact sheet

Demand/Contention of the Affected Community

No items found.

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

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

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