Revenue Council rejects claim over 62.72 acres of govt land

Revenue Council

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Kataka: A 43-year-old legal dispute over 62.72 acres of land at Taroka mouza in the Jagatpur-Goleichhaka Gadu area under Tangi-Choudwar tehsil of Kataka district has ended with the Revenue Council rejecting a private individual’s ownership claim.

The land, estimated to be worth over Rs 800 crore, has been declared government property and will continue to remain in state government records.

Revenue Council Member Satyabrata Sahu, in an order issued November 3, rejected the revision petition filed by the claimant and upheld an earlier order of the Additional District Collector, Kataka, declaring the disputed land as government property.

The Council also directed the Tangi-Choudwar tehsildar to record the entire 62.72 acres as ‘cultivable uninhabited’ government land.

The claimant had sought ownership rights on the basis of a registered lease deed executed in 1945 in favour of a private individual for setting up a factory.

However, after examining the historical documents, including a will executed in 1905, the Council concluded that the widow of the former landlord, who had granted the lease, possessed only the right to enjoy the property and was not legally empowered to transfer its permanent ownership.

Consequently, the Council held that neither the lease executed by her nor one granted through her authorised representative could confer permanent and transferable ownership rights on the claimant.

It further observed that old lease deeds, mortgage papers and rent receipts could establish rent-related transactions but were insufficient to prove ownership or confer tenancy rights over the disputed property.

The Council also relied on a survey report submitted by the Tangi-Choudwar tehsildar, which revealed that the land presently comprises open spaces, temples, industrial establishments and IDCO roads. No agricultural activities were found on the land.

In the absence of evidence establishing cultivation or occupation before the abolition of the zamindari system, the claimant’s plea for raiyati status under Section 8(1) of the Odisha Estates Abolition (OEA) Act was held to be inadmissible.

According to the Council, the land had vested in the state government following the abolition of the zamindari system May 1, 1954, under Section 5 of the OEA Act, as it was neither occupied nor under any valid tenancy.

The dispute dates back to 1983, when the state government initiated proceedings to reclaim the land under Section 5 of the Act.

The matter subsequently travelled through several revenue courts. Following an Orissa High Court order in 2022, the claimant approached the Revenue Council with a revision petition under Section 38(b) of the Act.

After examining revenue records, investigation reports, documentary evidence and submissions from both sides, the Council found no merit in the claim and dismissed the petition.

During the proceedings, the state government had maintained that the land, located within the jurisdiction of the Kataka Municipal Corporation (CMC), could be utilised for development and public welfare projects.

Following the verdict, the Kataka district administration has taken possession of the entire land, paving the way for its retention as government property.

Orissa POST – Odisha’s No.1 English Daily
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