Disposed

Village Consolidation Committee v. State of Odisha

Orissa HC19 Mar 2021WP(C)/2464/2021

Case brief

AI extract

What is this about?

In a writ petition, the Court directed the Director, Consolidation, Board of Revenue, Odisha, to decide within six months on the proposal to de-notification a village under the relevant Consolidation Act and refer the matter to the Government for a final decision to release RORs. The Court did not express an opinion on merits.

What did the court decide?

Direction to the Director, Consolidation, Board of Revenue, Odisha, Cuttack to take a decision on the proposal for de-notification within six months and refer it to the Government for a final decision

Village Consolidation Committee Vs State of Odisha — Landlord and Tenant | Orissa HC (2021)

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W.P.(C) NO. 2464 OF 2021

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19.03.2021 Heard Mr. Sidhartha Mishra, learned counsel for the Petitioner and Mr. S.N. Mishra, learned Addl. Government Advocate for the State-Opposite Parties.

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The Petitioner in this writ petition prays for a direction to the Opposite Parties to issue notification under Section 5 (1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for short ‘the Act’) in mouza Chhachina in the district of Kendrapada and to publish the R.O.R. under Section 13(4) of the Act so that the land owners can independently deal with the properties.

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Pursuant to the direction of this Court, the Opposite Parties 2 to 5 have filed a counter affidavit wherein it has been averred at paragraphs-17, 18 and 19 as follows:

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“17. That, in reply to averments made in Paragraphs-22 & 23 of the writ petition, it is submitted that 14 numbers of suo motu Revision cases have been filed in the Court of the learned Commissioner, Consolidation, Odisha U/s. 37(1) of the Act for correction of records in respect of Govt. lands as a good number of said plots have been recorded in the names of some individuals erroneously. The said cases are pending subjudice in the learned Revisional Court. After disposal of the said cases, the entire structure of the Statement of Principles (SOP) so prepared for the village will be changed/revised, and the same will tell upon contribution of land owners towards communal/developmental purposes of the village.

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It is also submitted that Govt. also in a High Level Meeting decided to complete the consolidation works and distribute final RORs to

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the land owners by the end of 2013 U/s. 13(4) of the Act without formulation of Chakas.

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18. That, in reply to averments made in Paragraphs-24 & 25 of the writ petition, it is submitted that the Settlement Operation of the village was completed in the year 1927-28. Thereafter, Consolidation Operation started from the year 1978. The Provisional Consolidation Scheme records were prepared and published in the year 1989.

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After High Level Meeting of the Government regarding closure of Consolidation work thereby Consolidation camps are closed. Technical staff and Chaka knowing Amins/Inspectors either have retired from service or transferred and posted in other organizations. In the event of such state of affairs, it is not practicable for modification/ re-correction of Chakas and re-distribution of the same among the land owners as per their entitlements.

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19. That, in reply to averments made in Paragraphs-26 & 17 of the writ petition, it is submitted that taking into consideration of the above aspects, the Consolidation Committee members of the village have convened a meeting in the village on 5.1.2021 and apprised the consolidation authorities for de-notification of the village U/s. 5(1) of the Act, so that they will get their RORs U/s. 13(4) of the Act.

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It is also submitted that without obtaining final RORs since last more than 40 years (as Consolidation Operation started in the year 1978, the land owners are deprived of getting Govt. benefits and unable to enroll their names in the Society for selling the paddy.”

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It further appears from the averments made in paragraph-12 of the counter affidavit that a proposal for issuance of notification under Section 5(1) of the Act is now

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pending before the Director, Consolidation, Board of Revenue, Odisha, Cuttack, who is to take a decision in the matter and refer the same to the Government for the needful.

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Taking into consideration the submissions of learned counsel for the parties and in view of the specific averments made in the counter affidavit, this Court feels that a final decision in that regard should be taken at the earliest to save the villagers of Chhachina from further harassment in dealing with the properties independently. Accordingly, this Court without expressing any opinion on the merits of the case disposes of this writ petition with a direction to the Director, Consolidation, Board of Revenue, Odisha, Cuttack-Opposite Party No.3 to take a decision in the matter as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order and to refer the proposal to the Government for taking a final decision in the matter at an early date.

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Urgent certified copy of this order be granted as per

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rules.

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................................. K.R. Mohapatra, J.

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bks

Village Consolidation Committee v. State of Odisha

Case brief

What is this about?

What did the court decide?

Village Consolidation Committee v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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