In a significant case under Odisha Estate Abolition Act, the Member, Board of Revenue passed orders to get over nine acres of prime land in Brahmapur city to the Government khata (revenue record).
With this order passed by the Board of Revenue (BoR), a century-old litigation has finally ceased and the Government land will continue to be protected by the authorities concerned, without leaving any scope for land grabbers.
With a benchmark value of Rs 19,30,72,000 per acre in Brahmapur city, the market value of the total property is about Rs 180 crore, said sources. Member BoR, GVV Sharma ordered that the land in dispute remains vested with the Government, notwithstanding any errors in implementation of land acquisition proceedings. He also disregarded the mutation appeals in favour of private parties by observing that provisions of survey and settlement act do not create any new rights and that in such matters, decision in Estate Abolition Act takes precedence.
Notably, the long litigation started in 1917, when a sum of Rs 1,100 was borrowed on behalf of Sri Gopaljee Mahaprabhu against which the land under Brahmapur Mouza was mortgaged. The mortgage was supposed to be for 50 years.
Though the deity was repaying the loan amount regularly, it was shown that the person who was keeping the mortgaged land became a tenant, 12 years after the Odisha Estate Abolition Act came into force.
Attempt was made not to return the land to the deity, leading to execution proceedings. However, no finality in the execution proceedings could reach because of court orders. The Estate Abolition Act originally gave benefit of exemption to trust estates. Under that provision, the ADM, Ganjam issued orders giving the land to the deity. Meanwhile, the law was amended and the exemption chapter was removed. The matter went to the Orissa High Court and further to the Supreme Court. The High Court upheld that the land was vested with the Government in 1974.
Against the order, the deity filed an appeal before the Supreme Court which ordered in 1998 that the matter should be looked into afresh by Board of Revenue under Section 7-A keeping in view the position of law before the 1978 amendment of that section. The Board of Revenue passed an order in 2006, remanding the matter to Tehsildar.
Again a case was made before the High Court that Tehsildar had no power under the section. While the litigation was going on, some plots of the suit land were sold. Some people purchased them. Even mutation appeals were permitted on such sale transactions. The matter got even more complicated because part of the land was required by the Government for a public purpose of bus stand, MKCG gate and road.