CUTTACK: Expressing serious concern over erosion of Lord Jagannath’s properties, the Orissa High Court has directed the state government to review the existing provisions and procedural mechanisms under the Shree Jagannath Temple Administration (SJTA) to address the lacunae that have allowed unauthorised alienation and mutation of temple lands.
The single judge bench of Justice SK Panigrahi observed, “The current framework has demonstrated ineffectiveness in safeguarding the proprietary rights of the temple and its deity - Lord Jagannath, and must therefore be strengthened, clarified, and made more stringent to prevent recurrence of such irregularities.”
In a set of directions issued on Friday, Justice Panigrahi asked the Law Department and SJTA to ensure proper coordination and timely communication in all matters concerning alienation, lease or mutation of temple lands.
“No sanction or approval shall be considered valid unless it strictly complies with the statutory requirements, including prior recommendation by competent land committees and valuation by the district sub-registrar, as mandated by law,” he stated.
The court expected sensitisation of the administrative machinery, including revenue officials and subordinate staff on the unique status of the temple properties and the fact that Lord Jagannath, being a perpetual minor, requires special protection of his interests. “Any negligence, corruption or administrative lethargy resulting in illegal transfer or mutation of temple lands must be identified and acted upon with due diligence,” the court stressed.
Justice Panigrahi further directed the state government to take appropriate steps to streamline and improve the efficiency of the processes related to temple land administration to prevent future disputes and ensure that the rights of the temple remain inviolable. “This shall include digitalisation of records, clear guidelines on mutation and transfer, and robust monitoring mechanisms,” he added.
The court issued the directions while disposing of a review petition filed by Shree Jagannath Mahaprabhu Bije (Puri) challenging an earlier order issued on March 27, 2023 regarding 15 acres of land that had changed hands by way of sale deeds in 1981 and 2000 after it was issued on permanent lease by the temple administrator in 1973.
On a petition filed by the private party in possession of the land by virtue of sale deed in 2000, the high court had directed the SJTA to initiate steps for the sale of the land belonging to Lord Jagannath to the petitioner. The review petition challenged the order.
Justice Panigrahi quashed the March 27, 2023 high court order observing, “In the instant case, the proprietary interests of Lord Jagannath have been gravely compromised by a series of illegal acts that cannot be dismissed as mere procedural lapses or judicial oversight.”
Accordingly, he instructed the revenue and land records authorities concerned to take immediate steps to correct the entries with respect to properties in the name of Lord Jagannath in their records and reflect the true legal position, consistent with the statutory provisions under the SJTA and applicable law.
“The erosion of the Lord’s property is not merely a legal infraction; it is a spiritual affront and a cultural injury. The judiciary must therefore act as the final sentinel against such desecration. It is imperative that this court ensures its jurisdiction is not misused to cloak fraudulent transactions with a veneer of legitimacy. Any judicial endorsement of such transactions would amount to a ratification of sacrilege,” Justice Panigrahi ruled.