In a major setback to the business interest of the Odisha Olympic Association (OOA), which is claiming right, title and interest with respect to adverse possession of a lease land adjacent to the Barabati Stadium here, the Supreme Court on Thursday directed the Accountant General (AG) of Odisha to audit the accounts of the OOA.
A Bench of the apex court comprising Justices Dipak Mishra and Prafulla C Pant asked the AG to complete the exercise within six weeks and submit a report. At least 23 shops and a Kalyan Mandap stand on this disputed prime land and OOA secretary Asirbad Behera through a private farm was collecting rent from the tenants.
On the future management of the property, the SC directed for setting up a committee comprising the Cuttack district Collector and two ADMs to function under the supervision of the State Revenue and Disaster Management Secretary. “The committee shall take over the management (of the property) by January 25, 2015 positively,” the SC said, adding that the agent of the OOA shall not enter into any fresh contract with respect to the shops and the Kalayan Mandap.
“The income derived from the date of taking over possession and any income that is derived earlier shall be kept in an interest earning account in SBI main branch, Cuttack,” the SC order said and listed the matter for further hearing on March 24. During the hearing of the matter, appearing for OOA, Senior Counsel Gopal Subramanian told the court that the OOA was wrongly advised to put forth a plea of adverse possession of the area in question as part of the lease deed.
“Mr Subramanian has very fairly conceded that the petitioner was wrongly advised to put forth such a plea, for it is a well established principle of law that a lessee cannot set forth a plea of adverse possession,” the SC observed, closing the stand taken by the OOA.
Reacting to the SC order, Behera, who also is the secretary of Odisha Cricket Association, the richest sporting body of the State, said he welcomes the court’s order and pointed out that the management of the property on the disputed land would be handed over to the committee by Sunday as per the direction.