Legislative amendments can validate previous transfers of agricultural land previously considered void, reflecting the principle of statutory compliance and retrospective validation.

JUDGMENT :

A.C. Behera, J.

This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the final order dated 18.02.2016 passed in Consolidation Misc. Case No.08 of 2013 under Sections 34 & 35 of the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short OCH & PFL Act, 1972) vide Annexure-3 by the Collector, Jagatsinghpur.

2. The factual backgrounds of this matter, which prompted the petitioner for filing of this writ petition is that, the petitioner purchased A0.37½ decimal out of A.0.75 decimal of chaka Plot No.67 vide Chaka No.35 under Consolidation Khata No.365 in Mouza Ghodamara under Kujanga P.S. in the district of Jagatsinghpur from its recorded owners i.e. Chandramani Tarai and Souri Tarai (son and daughter of Hari Tarai) through Registered Sale Deed No.2280 dated 30.11.1994 on payment of due consideration amount, to which, Rama Chandra Tarai, Krushna Chandra Tarai and Sanatan Tarai challenged by filing a case vide Consolidation Misc. Case No.08 of 2013 before the Collector, Jagatsinghpur against the petitioner arraying him as opposite party No.1 along with Sukanta Jena and Jitendra Jena under Sections 34 & 35 of the OCH & PFL Act, 1972 praying for declaring that sale deed No.2280 dated 30.11.1994 in favour of the petitioner as void.

3. After hearing from both the sides, the Collector, Jagatsinghpur allowed that Consolidation Misc. Case No.08 of 2013 filed by Rama Chandra Tarai, Krushna Chandra Tarai and Sanatan Tarai (O.Ps in this writ petition) as per its final order dated 18.02.2016 (Annexure-3) assigning the reasons that, the sale deed No.2280 dated 30.11.1994 has been executed creating fragmentation in contravention of Section 34 of the OCH & PFL Act, 1972, for which, the said sale deed is declared as void.

The opposite party No.1 of that Consolidation Misc. Case No.08 of 2013 challenged that final order passed on dated 18.02.2016 (Annexure- 3) by the Collector, Jagatsinghpur by filing this writ petition against the Collector, Jagatsinghpur arraying him as opposite party No.2 along with the petitioners and opposite party Nos.2 & 3 in that Consolidation Misc. Case No.08 of 2013 as opposite party Nos.4 to 8 respectively.

4. I have already heard from the learned counsel for the petitioner, learned Standing Counsel for the State (O.P. Nos.1 to 3), as none has appeared for O.P. Nos.4 to 6.

5. As per the Odisha Gazette Notification No.2910 dated 29.12.2023, Chapter-V of OCH & PFL Act, 1972 relating to Prevention of Fragmentation containing Sections-33, 34 & 35 has already been omitted from the Statute Book of The OCH & PFL Act, 1972 and a new Section as Section 36A has been inserted into the said Statute Book i.e. OCH & PFL Act, 1972 and the said newly inserted Section 36A is as follows:-

“Section 36A- Any transfer or partition of agricultural land in a locality creating fragmentation made under the Principal Act before the commencement of the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land (Amendment) Act, 2023, shall be treated as valid:

Provided that cases where any eviction has been made by the Collector under sub-Section (2) of Section 35 of the Principal Act as omitted in this Act shall not be reopened.”

Taking into account the above omissions and insertions as per Notification No.2910 dated 29.12.2023 in the Statute Book i.e. The OCH & PFL Act, 1972, it has been clarified by this Court in a case between Benudhar Swain Vrs. Bahudi Jena reported in 2024 (II) OLR-261 at para 12 that, “Section 36A has been introduced/incorporated in the Statute Book as per Section 3 of the Amendment Act, 2023 omitting Sections 33 , 34 & 35 of The OCH & PFL