The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 35878 of 2022 Bhusan Power and Steel Ltd., Sambalpur …. Petitioner Mr. S.P.Mishra, Sr. Advocate -versus- Interim Managing Trustee, Sambalpur & another …. Opp. Parties Mr. A.K.Mishra, Advocate for O.P. No.1 Ms. P. Naidu, Advocate for O.P. No.2 CORAM: JUSTICE BISWANATH RATH JUSTICE M.S.SAHOO Order No. 31.07.2023
Decision
ORDER 1. 1. The writ petition has been filed by the petitioner-company challenging order dated 07.12.2022 passed by the O.P.No.2- Commissioner of Endowments, Odisha, in I.A. No. 1 of 2022 arising out of O.A. No. 125 of 2017 earlier disposed of by the Commissioner by judgment dated 13.11.2019, rejecting the application of the petitioner seeking extension of time period for deposit of amount determined as consideration and for executing the sale deed for alienating the land of the opposite party-temple trust as earlier directed by the Commissioner by order dated 13.11.2019. The rejection of the petition was on the ground of delay as the petition filed under section 5 of the Limitation Act, 1963 was also rejected. // 2 // Background facts : 2. The interim managing trustee of Maa Ramachandi Thakurani, Lapanga-O.P. NO.1 filed an application bearing O.A. No. 125 of 2017, under section 19 of the Odisha Hindu Religious Endowments (OHRE) Act, 1951 before the learned Commissioner of Endowments (O.P. No.2) seeking to accord necessary permission for alienation of land Ac.22/94 dec. The said application having been dismissed vide order dated 11.3.2019 by O.P. NO.2-The Commissioner of Endowments, Odisha, the O.P. No.1-trustee filed W.P.(C) No.9113 of 2019 before this Court challenging the order dated 11.3.2019. By order dated 6.9.2019 in the writ application, the order of the Commissioner was set aside, remanding the matter directing the Commissioner to determine the value of the land as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in consultation with the Land Acquisition Officer of the area where the land situates and the Commissioner was directed to pass necessary order for transfer of the deity’s land. The petitioner- company was also directed to pay the value of the land so determined by the Commissioner and the Trust Board of the deity to execute the sale deed in favour of the petitioner company by the end of November, 2019. 2.1 Pursuant to the order dated 6.9.2019, the Commissioner-O.P. No.2 vide order dated 13.11.2019 disposed of the petition under S.19 of the Odisha Hindu Religious Endowments Act : O.A. No.125 of 2017, by allowing the Page 2 of 7 // 3 // application with the valuation of case land to be Rs.10,87,37,313/- as directed by this Court. The amount was directed to be deposited in a nationalized bank and pledged to the Commissioner. The sale deed was directed to be executed by the end of November, 2019 as directed by the Hon’ble Court. The interest accruing therefrom was to be spent to defray the cost of daily Niti sebapuja and the festivals of deity Mother Goddess Maa Ramachandi Bije at Lapanga with the approval of the Commissioner. The Sub-Registrar, Rengali was to ensure such deposit of the sale proceeds in any nationalised bank and pledge in favour of the Commissioner. 2.2 The operative portion of the judgment dated 13.11.2019 is reproduced herein : shall pay the above amount “The application u/s 19 of the OHRE Act filed by the petitioner is hereby allowed with the aforesaid valuation of case land i.e. Rs.10,87,37,313/- (Rupees Ten Crore Eighty Seven Lakh Thirty Seven Thousand Three Hundred Thirteen only) which shall be the sale consideration. As directed by the Hon’ble Court, the Petitioner of Rs.10,87,37,313/- (Rupees Ten Crore Eighty Seven Lakh Thirty Seven Thousand Three Hundred Thirteen only) as sale consideration. The Sale proceeds shall be deposited in the name of the deity in a nationalized bank and pledged the Commissioner of Endowments. The sale Deed shall be executed by the end of November, 2019 as directed by the Hon’ble Court. The interest accruing therefrom shall be spent to defray the cost of daily Niti sebapuja and the festivals of Mother Goddess Maa Ramachandi Bije at Lapanga with the approval of the Commissioner of Endowments. The Sub-Registrar, Rengali shall ensure such deposit of the sale proceeds in any in favour of the nationalised bank and pledge to Page 3 of 7 // 4 // Commissioner Bhubaneswar.” of Endowments, Odisha, 2.3 The petitioner company has undergone insolvency resolution process w.e.f. 26.7.2017. During insolvency resolution process, the management was under Interim Resolution Professional, Resolution Professional and thereafter the Monitoring Professional. Submissions on behalf of the petitioner 3. It is submitted by the learned senior counsel appearing for the petitioner-company that the petitioner is agreeable to pay interest @ 12% per annum on the amount of Rs.10,87,37,313/- (Rupees Ten Crore Eighty Seven Lakh Thirty Seven Thousand Three Hundred Thirteen only) from the date of order passed by the learned Commissioner i.e. 13.11.2019. The interest is to be added to the amount directed to be paid as consideration for sale. 3.1 Learned senior counsel further submits that the Collector in letter dated 4.7.2015, regarding the land under Khata No. 365 & 369 has reflected : “the lands under Khata No. 365 and 369 are situated inside the boundary area of Ac.290.04 already acquired in Vill.Lapanga and unless the lands in the above two khatas are purchased by the opp. party company from R.Ts., the acquired area of the company will not be compact and the company will not be able to complete the project boundary.” 3.2 Learned senior counsel draws attention to the subsequent proceedings i.e. corporate insolvency resolution process of the petitioner, with effect from 26.7.2017, the fact Page 4 of 7 // 5 // that during insolvency process, the management of the company was under interim Resolution Professional, thereafter under the Monitoring Professional and intervention of Covid-19 pandemic, to explain the delay in filing the petition dated 8.3.2022 before the Commissioner-O.P. NO.2 (Misc. Case No. 1 of 2022 arising out of O.A. No. 125 of 2017), seeking extension of time for execution of sale deed. Submissions on behalf of O.P. No.1 & 2 4. It is further brought to the notice of this Court that O.P. No.1 also filed its response before O.P. No.2 Commissioner for accepting the consideration upon payment of reasonable amount towards interest. 4.1 Learned counsel for O.P. No.1 submits that the matter is pending since 2013 i.e. from the date of acquisition of the land for the petitioner company, without any benefit to the deity as after the O.A. No. 125 of 2017 filed by the Managing Trustee seeking necessary permission of alienation of land measuring Ac.22.94 decimals was rejected and the matter is entangled in litigation till date. It is submitted therefore, in the interest of the deity, offer of 12% interest, over and above the amount of consideration of Rs.10,87,37,313/- is acceptable. 5. Learned counsel for O.P. No.2-Commissioner of Endowments submits that she may not have serious objection to the submissions of petitioner and O.P. No.1 in view of the fact that the order dated 13.11.2019 was passed by the Commissioner of Endowments pursuant to the earlier order of this Court dated 06.09.2019 in W.P.(C) No. 9113 of 2019 but there has been some delay in implementation of the said order. Page 5 of 7 // 6 // 5.1 It is submitted by the learned counsel for the Commissioner that the present value of the land can be ascertained. But on being asked whether the learned Commissioner has gone into the said aspect in his order dated 7.12.2022, it is conceded that no such consideration was made by the Commissioner while rejecting the I.A. Conclusion 6. Having heard learned counsel for the parties and considering the fact that the land of the deity is within the acquired area and boundary of the petitioner company consisting of A.290.04 decimals pertaining to Khata No.365 & 369, this Court is of the considered view that no useful purpose shall be served in keeping the matter pending as far as completing the alienation process and payment of the consideration in favour of the deity is concerned. Deity being a minor, the interest has to be protected by the courts of law. It has to be taken note that the marketability of the land has limitations land being situated inside the boundary area of the petitioner company as per the report of the Collector. 7. To arrive at a just resolution of the matter, the offer of the petitioner-company for payment of 12% interest over and above the amount of Rs.10,87,373,13/- as consideration amount is accepted by this Court and it is directed the rest of the order dated 13.11.2019 passed by the learned Commissioner, Endowments, referred to above, shall be implemented within a period of eight weeks. It is also directed, the order passed by this Court earlier dated 6.9.2019 in W.P.(C) No. 9113 of 2019 shall also be implemented apart from the modification to the Page 6 of 7 // 7 // extent of the consideration amount i.e. 12% interest shall be added calculated from 13.11.2019 till the date of execution of the deed of conveyance/sale. Ordered accordingly. The writ petition is disposed of. ……………………… (Biswanath Rath) Judge ………………… (M.S.Sahoo) dutta Judge Signature Not Verified Digitally Signed Signed by: AJIT KUMAR DUTTA Reason: Authentication Location: ohc Date: 03-Aug-2023 12:59:49 Page 7 of 7