CUTTACK: The Orissa High Court has endorsed the land ceiling proceedings initiated 23 years ago in connection with 513 acre land at Sipasurubuli in Puri purported to be in the possession of Radhakanta Math, a public religious institution.The legality and propriety of the land ceiling proceedings initiated by order of the additional district magistrate, Puri on September 9, 1998 was challenged in the high court.
Parsuram Das, representing Radhakanta Math filed the petition on February 11, 1999. The petition was pending all these years till the vacation bench dismissed it on June 7.The court of Justice KR Mohapatra said, “The contention that the petitioner-Math being a religious institution is a ‘Privileged Raiyat’ and the properties belonging to it being utilised as such, are exempted from ceiling proceeding under Section 38 of the OLR Act, has no legal basis.”
Justice Mohapatra said, “A property on being declared as ‘trust estate’ either under the OEA Act or under the OLR Act, can only be exempted from ceiling proceeding, which is not so in the instant case.”The Record of Rights (RoR) was issued in the name of a private person and not in the name of the Radhakanta Math.
“It is contended that since the usufruct from the properties in question have been utilised for the benefit of the religious institution, the same can be exempted from the provisions of the OLR Act, is contrary to law. The definition of ‘Privileged Raiyat’ does not cover such a situation or contingency,” the judge further observed.