LAWS(ORICDRC)-2005-6-6

SPECIAL PLANNING AUTHORITY Vs. PRANABANDHU SAHOO

Decided On June 03, 2005
Special Planning Authority Appellant
V/S
Pranabandhu Sahoo Respondents

JUDGEMENT

(1.) THE Special Planning Authority, Keonjhar has filed this appeal challenging the impugned direction given by the District Forum to it to register the sale deed in respect of the disputed land in favour of the respondent No. 1.

(2.) THE respondent No. 1 filed the complaint on the following allegations:

(3.) THE appellant in its counter stated that request was made to the Executive Officer, Keonjhar Debottar for alienation of Ac. 7.081 decimals of land of Debottar land situated in village Jagannathpur in favour of the Special Planning Authority, Keonjhar. In its meeting held by the Special Planning Authority dated 6.11.1985, it was decided that the aforesaid extent of land would be alienated at the rate of rupees two lakhs per acre, and its price would be paid in three instalments. The Executive Officer, Keonjhar Debottar accordingly applied to the Commissioner of Endowments, Bhubaneswar for grant of permission who in O.A. No. 9 of 1986, permitted for alienation. The Executive Officer, Keonjhar Debottar did not take any action for implementation of the order of the Endowment Commissioner. As it was for a temporary period, it lapsed. Although, application has been made to the Commissioner of Endowments for revalidation of permission, no order has yet been communicated. In the circumstances, since title in respect of the land had not been conferred on the appellant, no sale deed is possible to be executed in favour of the respondent No. 1.