The High Court · 2024
Case Details
Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Aug-2024 16:39:45 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.11296 of 2024 (In the matter of an application under Articles 226 and 227 of the Constitution of India) Sanjib Kumar Dalpat …. Petitioner -versus- State of Odisha and others …. Opposite Parties Advocate(s) appeared in this case:- For Petitioner
Legal Reasoning
: Mr. S.S. Mohanty, Advocate For Opposite Parties : Mr. K. Das, A.S.C. Mr. J. Barik, Advocate for O.P. No.5 CORAM: JUSTICE B.P. ROUTRAY JUDGMENT 23rd August 2024 B.P. Routray, J. 1. Heard Mr. S.S. Mohanty, learned Advocate for the Petitioner, Mr. K. Das, learned Additional Standing Counsel for the State- Opposite Parties 1 to 4 and Mr. J. Barik, learned counsel for Opposite Party No.5. 2. The writ petition is directed against order dated 01.03.2024 passed by the Sub-Collector, Sadar, Sambalpur in OLR Appeal No.01 of 2021 under Annexure-6. W.P.(C) No.11296 of 2024 Page 1 of 5 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Aug-2024 16:39:45 3. The Petitioner is a resident within Sambalpur Municipal Corporation area and applied for conversion of his land measuring area Ac.0.06 decimals as homestead. The case land is presently in the status of agricultural land. The prayer for conversion was rejected on the ground that the land in question, i.e. Plot No.1409/3989 under MS Khata No.644/912 measuring area Ac.0.06 decimals of mouza-STU No.5, Sakhigopinath in Sambalpur Town is coming within the proposed road of SDA. Initially a patch of land measuring Ac.0.60 decimals was applied for conversion by the Petitioner for non- agricultural purpose before the Tahasildar in OLR Case No.643 of 2017. The Tahasildar allowed the conversion in respect of Ac.0.54 decimals and refused in respect of Ac.0.06 decimals on the ground that proposed road of SDA falls on such part of the land. The Petitioner then preferred appeal before the Sub-Collector and the Sub-Collector in the impugned order dated 01.03.2024 confirmed the direction of the Tahasildar. The same is the subject matter of challenge in the present writ petition. 4. Before delving into the facts of the case, it needs to be mentioned that, conversion of the land from agricultural purpose to non-agricultural purpose is governed by the provisions contained in Section 8-A of the Odisha Land Reforms Act, 1960 (in short, “OLR Act”). Sub-Section (1) of Section 8-A of the OLR Act prescribes for conversion of any agricultural land belonging to a raiyat for any purposes other than agriculture upon satisfaction that such conversion shall not violate any master plan, improvement scheme, development plan or town planning scheme, made or published under the Odisha W.P.(C) No.11296 of 2024 Page 2 of 5 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Aug-2024 16:39:45 Town Planning Improvement Trust Act, 1956 (Odisha Act 10 of 1957) or under the Odisha Development Authorities Act 14 of 1982 or under any law for the time being in force and applicable to such land; and any other condition as may be prescribed for the purpose of dealing with bona fide cases of such conversions. This being the provision of law governing the field, the case of the Petitioner for conversion of the land for non-agricultural purpose is to be considered in the wake of the reasons given in the impugned orders. 5. Admittedly the case land falls within Sambalpur town area. There is no quarrel over the fact that the land is surrounded by residential areas and residential houses. According to the Petitioner, when conversion of the land to the extent of area Ac.0.54 decimals has been allowed out of the same patch, no reason is left there to refuse in respect of area Ac.0.06 decimals on the ground that the same is falling in the proposed road of Sambalpur Development Authority (“SDA”). In this regard, the Petitioner got RTI information from the authority disclosing that, the Comprehensive Development Plan (“CDP”) of Sambalpur is at draft stage and yet to be finalized. Said RTI information is dated 19.07.2024 and it is fairly agreed by learned counsel for SDA that CDP has not been finalized till date. 6. The SDA has filed its counter. In the counter, it is specifically mentioned in paragraph 4 that, “Though CDP has not attained finality but there being proposal for road covering part of the plot, SDA felt it appropriate to inform the matter to the OLR authority for their consideration and for appropriate order.” It is further stated that, “The W.P.(C) No.11296 of 2024 Page 3 of 5 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Aug-2024 16:39:45 proposed road having covered the portion of the plot impugned the SDA on due inspection/enquiry of the field with reference to the records available in SDA informed the matter for consideration of the OLR authority.” It is again stated at paragraph 5 that, “J.E. & Amin has conducted a joint field enquiry, on dt.03.08.2024 wherein it is reported that, the adjoining plots have already been converted to non- agricultural purpose as the area is under Residential Zone and a 15”.0” of bitumen/concrete road exits from G.M. College to Sakhipada Chowk, passing through the applied plot.” 7. From the averments made in the counter affidavit, it is admitted that the land in question is falling in a purely residential zone of Sambalpur Municipal Corporation area and there is no CDP or any other master plan or scheme existing as on date. When this is the admitted position, the reasons assigned by the revenue authority to refuse the conversion on the ground that the land falls in the proposed road of SDA appears completely fallacious. It needs to be mentioned here that, without finalization of the plan, the question of proposed road by the SDA does not arise and therefore, the prayer for conversion of the land measuring area Ac.0.06 decimals by the Petitioner is not found prohibited or violating any of the conditions mentioned in sub- clause (i) or (ii) of clause(a) under sub-Section(1) of Section 8-A of the OLR Act. 8. The averments made in the counter affidavit are clear to the effect that the CDP has not been finalized till date and therefore, the order of the revenue authorities based on the intimation given by the SDA in the guise of proposed road is found erroneous one on the face W.P.(C) No.11296 of 2024 Page 4 of 5 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Aug-2024 16:39:45 of record. As such, the impugned order of the Tahasildar as well as of the Sub-Collector passed in OLR Case No.643 of 2017 and OLR Appeal No.01 of 2021 are unsustainable in the eye of law and consequently both the orders under Annexure-4 & 6 are quashed. The revenue authority, i.e. the Tahasildar, Sadar, Sambalpur (Opposite Party No.3) is directed to allow the prayer of conversion of the Petitioner in respect of the case land measuring area Ac.0.06 decimals. 9.
Decision
Accordingly, the writ petition is disposed of as allowed. (B.P. Routray) Judge B.K. Barik/Secretary W.P.(C) No.11296 of 2024 Page 5 of 5