Odisha, Andhra Pradesh Border Dispute

Table of Contents

On 8^th February 2021, the Odisha government decided to move the Supreme Court, challenging the conduct of panchayat elections in three of its villages in Kotia panchayat, Koraput district, by Andhra Pradesh.
The Odisha government is seeking contempt of court proceedings against AP, for violation of status quo agreed upon by the two States in 1968.
Both Andhra Pradesh and Odisha have been claiming their rights over the Kotia panchayat which comprises 28 villages.

Kotia gram panchayat falls under Odisha, as per the current Supreme Court status quo.
Google Maps shows parts of it in Andhra Pradesh.

Andhra Pradesh is scheduled to hold panchayat elections in three villages in Kotia gram panchayat —
Talaganjeipadar,
Patusineri and
Phagunseneri
For these panchayat elections, AP has allegedly changed their names to Ganjeibadara, Pattuchennuru and Pagluchennuru, and placed them under its Salur block.
Elections are scheduled on February 13.
Nominations have been filed for the post of Sarpanch and Ward Members from the three villages.

A Brief Background

1803 – Orissa annexed by the East India Company.
- – Orissa is made a division of the Bengal Presidency.
- – Capital at Cuttack.
1912 – Province of Bihar & Orissa carved out of Bengal.
1936 – Orissa becomes a separate state.
1953 – Border with Andhra Pradesh demarcated, with the creation of Andhra Pradesh (carved out of Madras on linguistic grounds).

The 1968 Agreement

In 1968, Odisha had moved the Supreme Court over the dispute regarding the territorial jurisdiction of 21 villages – known as the Kotia Group of villages.
Odisha had then claimed that Andhra Pradesh had trespassed into its well-defined territory.
In the 1968 case, Odisha backed up its territorial claims, on the basis of 3 British era notifications, dated:
December 1, 1920,
October 8, 1923, and
October 15, 1927.
**These notifications had transferred the disputed villages to the State of Orissa.
The Supreme Court directed both the states to maintain status quo till the disposal of suit.
It also ruled that there shall be no further ingress or egress on the territories in dispute, on the part of either party.
The case filed by Odisha in 1968, was finally dismissed by the top court on March 30, 2006, on grounds of being unmaintainable under Article 131.
In 2006, it again directed that status quo be maintained till the dispute is resolved.

How did the dispute resurface?

Odisha now alleges that while issuing notification for local body election in Vizianagaram district in March 2020, the Andhra Government “clandestinely roped in” three villages from the Kotia group of villages falling within Koraput district of Odisha.
The Andhra Pradesh government under YS Jagan Mohan Reddy changed the names of these villages in the notification and kept it a secret.

AP’s “encroachment” came to light in November 2020, when an alleged mining mafia with links to a Odisha politician, sought to gain control of the Koraput forests.
The Koraput forests contain granite quarries, and mining already goes on in the undisputed Odisha side.
At this time, some locals from villages in Koraput district of Odisha, along with some Odisha officials, walked into Kolaput panchayat in Dumbriguda mandal on the Andhra Pradesh side.
They allegedly forcibly encroached about 600 metres on the A.P. side, and removed the signboards and stones demarcating the border and shifted them about 600 metres inside the A.P. side.
A team headed by the tahsildar and forest officials visited the spot later and confirmed that the stones and signboards were shifted about 600 metres on the A.P. side.
The incident happened in Malisingharam Gasaba Reserve forest, and some hillocks, roads, forest and patta lands and farm lands, came under the alleged forced encroachment.
Locals on the Andhra side alleged that the mining mafia aided by Odisha, destroyed acres of coffee and silver oak plantations.
Now, in February 2021, when Andhra Pradesh notified panchayat elections in three of the disputed villages, Odisha decided to go to the Supreme Court.
The Odisha government says that it got to know about the panchayat election notification by Andhra Pradesh only on February 2, when the local Tehsildar went to pay a field visit to the disputed villages.
Odisha claims that it has undertaken several development activities in the area, over the years.
The petition also refers to the Electoral rolls prepared by the ECI, to prove that the disputed villages fall under Koraput constituency of Odisha.
The last general and Assembly elections had been conducted by Odisha in these three disputed villages.
Odisha claims that these elections are a violation of status quo continuing as per the Supreme Court order.

The Road Ahead

Koraput district administration has consulted with the Advocate General of Odisha on this issue.
It is reported that the Odisha government is in favour of an amicable solution to the border dispute.
Deployment of police force to guard the territory is likely to escalate the situation.
It will also affect lives of people living on both sides of border.