B D JHUNJHUNWALLA Vs. STATE

JUDGEMENT

(1.) Petitioner challenges the final order of the Commissioner of Land Records and Settlement (opposite party No.4) in R.D. Case No. 2591 of 1975 whereby the learned Commissioner has fixed the rent of the lands under occupation of the petitioner at the rate of Rs.1,000/- per acre. The said order dated 7-12-1976 is annexed to the writ petition as Annexure-4. The petitioner has also prayed to quash the bill amounting to Rs. 62,812.72 sent by the Tahsildar, Cuttack, pursuant to the order of the Commissioner. The said bill is annexed to the writ petition as Annexure-6.

(2.) The brief facts of the case are that the petitioner is the owner of Ac.10.001 of land and a glass factory in mauza Dadhapatna near Barang railway station and the factory stands on an area of 3.00 acres of land appertaining to Thana No. 30, Khatiyan No. 27 and plots Nos. 41,32, 41/561 and 40. The Assistant Settlement Officer in exercise of his powers under the Orissa Survey and Settlement Act, 1958 (hereinafter referred to as the 'Act') fixed fair and equitable rent in respect of the land in possession of the petitioner at the rate of Rs. 2,355/- per acre per annum by order dated 4-6-1969. He also recorded some of the lands in favour of the petitioner. We are not concerned in this writ petition with the recording of lands made by the settlement authorities but are only concerned with fixation of fair and equitable rent. Being aggrieved by the said order, the petitioner carried an appeal to the Settlement Officer which was numbered as Case No. 522 of 1969. The Settlement Officer by his order dated 24-2-1972 (Annexure-2) reduced the rent fixed by the Assistant Settlement Officer and fixed the same at Rs. 1,9277- per acre per annum. On a further revision being carried to the Commissioner of Land Records and Settlement at the instance of the petitioner, the learned Commissioner further reduced the rent to Rs. 1,000/- per acre per annum. The petitioner in this writ petition challenges the aforesaid orders of the settlement authorities. It may be stated that the rent for the lands in question prior to the aforesaid enhancement had been fixed at Rs. 125.10 per annum, which according to the petitioner works out roughly at Rs. 12/- per acre per annum.

(3.) Mr. Ashok Das, the learned counsel for the petitioner, contends that the fixation of fair and equitable rent made by the authorities under the Act is in contravention of the relevant provisions of the statute and the Assistant Settlement Officer having made the assessment prior to the amendment of the Act by the Orissa Survey and Settlement (Amendment and Validation) Act, (Orissa Act 51 of 1975), the assessment in question is covered by the old provisions and the amended provisions have no application.