CUTTACK: The Odisha High Court on Friday disposed of a batch of 63 petitions filed after the registering authority refused to register deeds of sale of the petitioners’ homestead lands recorded in Sambalpur Municipal Corporation area citing non-compliance of provisions of section 22 of the Odisha Land Reforms (OLR) Act, 1960.
The section 22 of the OLR Act provided for permission from the revenue officer for transfer of land. The petitions had challenged the orders of the registering authority on the ground that homestead lands situated in urban areas are exempted from provisions of section 22 of the Act.
The single judge bench of Justice B P Routray held that mere inclusion of the land in an urban area or within SMC area would not exclude applicability of provisions of the OLR Act, particularly section 22 and directed the competent revenue authority “to give a fact-finding enquiry report in each case regarding usability of the land in question for other than the agricultural purpose.”
“The lands in question, except being recorded as homestead in record of rights (RoRs) did not disclose anything else to show that they are for purely residential purposes and not capable of being used as agricultural lands. None of the cases revealed any enquiry report of the revenue authority to satisfy the fact that the lands are not capable of being used for agricultural purpose anymore,” Justice Routray observed.