Orissa High Court
Registrar (Judicial) vs R.D.C. (C.D.)-Cum-Chief on 29 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.8589 of 2014
Registrar (Judicial), Orissa High .... Petitioner
Court, Cuttack
Mr. Iswar Mohanty, ASC
-versus-
R.D.C. (C.D.)-cum-Chief .... Respondents
Administrator, Sri Jagannath
Temple, Puri
Mr. U.C. Patnaik, Advocate
Mr. R.K. Mohanty, Sr. Advocate
CORAM:
THE CHIEF JUSTICE
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 29.08.2022
09. 1. The present PIL had been registered suo motu on the basis of a
news item published in "The Samaj" dated 30th April, 2014 that
the land belonging to the Lord Jagannath Temple had been
settled with a construction company i.e. Kunkumina
Constructions Pvt. Ltd. (KCPL) by the Tahasildar, Khurda and
that the said lands were 'Amrutamohini land'.
2. Pursuant to the notice in the petition, counter affidavits have
been filed by KCPL which is represented by Mr. R.K. Mohanty,
learned Senior Counsel. It is pointed out therein that the
newspaper article did not depict the true and correct picture of
the actual facts and circumstances. KCPL participated in an open
auction conducted by the Managing Committee of the Sri
Jagannath Temple, Puri (hereafter 'Temple Administration') in
1986 and the entire consideration was paid by KCPL by 9th
// 2 //
January, 1999. A sale deed which was registered on 26th
November, 2007, a copy of which is enclosed with KCPL's
counter affidavit. The delay in registration of the sale deed is
explained on account of removal of encroachers from the land in
question. It is stated by Mr. Mohanty that even as on date KCPL
is yet to get possession of Ac.1.00 land which is still under
encroachment.
3. It is further pointed out that KCPL purchased the land in the
open auction as the highest bidder @ Rs.41,000/- per acre
whereas the prevailing price at that time was around Rs.25,000/-
per acre. The quoted rate was increased pursuant to further
bidding between KCPL and the next highest bidder before the
Court in O.J.C. No.8073 of 1997 filed by a person occupying one
portion of the land in question. He is stated to have filed civil suit
being C.S. No.274 of 2008 in the court of the learned Civil
Judge, Senior Division, Khurda against KCPL. The said suit is
pending adjudication.
4. Reference has been made by the KCPL in its counter affidavit
to the judgment dated 23rd March, 2010 passed by this Court in
O.J.C. No.3242 of 2008 where, inter alia, it was observed as
under:
"11. The third question is as to whether the
valuation of the property determined at the
public auction and thereafter re-fixed by the
High Court is the true market value for the
purpose of registration under the Indian
Registration Act. In the instant case, it is not in
dispute that the Applicant was the highest bidder
// 3 //
n the open auction sale. This very matter came
up before this Court in OJC No.8073 of 1997
and this Court re-fixed the consideration money
at the rate of Rs.41,100/- per acre. This Court
granted time to the Applicant to pay the entire
consideration money within December, 1998.
The Applicant paid the entire consideration
money by 09.01.1999, as per the details given in
the sale deed....."
"In the present case, the property was sold
through tender process and the bidders quoted
their offers and the petitioner's offer was the
highest, i.e. Rs.41,000/- per acre, which is more
than the rate fixed by the Law Department in
Government of Orissa. The court held that the
assessment of value of property on the basis of
the current existing market value is
unsustainable. Market value should be on the
date on which the agreement in question was
entered into for the purpose of payment of stamp
duty on sale deed. In view of the above
propositions of law, the registering officer is not
correct to take the valuation of the property on
the date of registration as per the rate fixed by
the Government to hold that the property was
undervalued for the purpose of registration. He
should have accepted the valuation of the
property as settled by this Court during the
relevant time in the year 1998, which is binding
upon him for the purpose of registration....."
5. Mr. U.C. Patnaik, learned counsel for the Temple
Administration confirms that a sale notice was published on 8th
January, 1996 inviting applications from prospective purchasers
of the land that the Temple had decided to sell to an extent of
Ac.112.16 dec. at Mouza-Chhatrama, Khurda after approval of
the State Government. The auction pursuant thereto was held on
// 4 //
8th June, 1996 after attempts at sale through private negotiation
did not succeed. It is confirmed that KCPL participated in the
public auction and submitted a bid at Rs.41,000/- per acre and
became the highest bidder. The Temple Authority has confirmed
that the present market value of the purchased property at the
stage of filing of the affidavit i.e. 17th June, 2014 was around
Rs.5,13,97,225/- and not Rs.150 crores as alleged in the
newspaper report.
6. Mr. Ishwar Mohanty, learned ASC for the State also does not
dispute the above factual averments in the affidavits of KCPL
and the Temple Administration.
7. In that view of the matter, no further directions are called for
in the present petition and it is disposed of as such.
(Dr. S. Muralidhar)
Chief Justice
(Chittaranjan Dash)
Judge
KC Bisoi
