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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Kriday Realty Pvt. Ltd., – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. dispute over land classification and errors in records. (Para 3 , 4 , 5 , 6 , 7) |
| 2. authority's power to correct land records. (Para 10 , 11 , 12 , 13) |
| 3. commissioner’s duty to correct records per oss act. (Para 14) |
| 4. writ petition allowed as per findings. (Para 15) |
JUDGMENT :
B.P. ROUTRAY, J.
1. Heard Mr.Kanungo, learned Senior Counsel for the Petitioners and Mr.Mohapatra, learned counsel for Opposite Party No.5 as well as Mr.Das, learned counsel for the State-Opposite Parties.
2. Mr.Das, learned Additional Standing Counsel for the State submits that Opposite Party No.3 has filed his counter today through e-filing.
3. The Petitioners in this writ petition have prayed for quashing of order dated 9th February 2024 (Annexure-2) passed by the Additional Commissioner, Bhubaneswar in OSS Case No.826/ 2023.
4. The Petitioners are Real Estate Developers who have been allowed to develop the land on PPP Mode. Bhubaneswar Development Authority, who allotted the land for development to the present Petitioners, preferred the revision case before the Additional Commissioner impleading Petitioner No.1 as Opposite Party No.5. The entire dispute is regarding recording of the land in Ha
The authority under the Odisha Survey and Settlement Act can correct record of rights for errors without needing external permissions, affirming its broad jurisdiction to rectify mistakes made by set....
Settlement authorities cannot alter confirmed land assignments without legal basis, emphasizing the need to respect prior land grants and judicial confirmations.
A pending civil suit regarding land ownership limits the court's ability to make conclusive findings on that ownership, enforcing adherence to settlement operations based on factual measurements.
The court held that pending civil disputes regarding property ownership limit the ability to amend land records in administrative proceedings, necessitating resolution through the civil court.
Settlement authorities cannot override confirmed property rights without lawful authority; Judicial review ensures adherence to due process in land ownership disputes.
The main legal point established is the limitation of the Tahasildar's power in correcting the R.O.R. and map, and the Commissioner's authority to delegate jurisdiction, as well as the need for a lib....
Allegations of fraud in correction of public records must be specifically pleaded and substantiated, and procedural errors in addressing delay can render judicial decisions unsustainable.
An order correcting the Record of Rights is unsustainable if made beyond the limitation period without appropriate condonation or credible allegations of fraud being substantiated.
Land ownership disputes must consider all relevant plots for proper adjudication.
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