Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Orissa Prevention of Land Encroachment Act 1972: Encroachment on Government land - Appellant-association was granted lease of land for construction of stadium |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Orissa Prevention of Land Encroachment Act, 1972:Encroachment on Government land - Appellant-association was granted lease of land for construction of stadium - Dispute c arose regarding a part of a plot on which 23 shops and a part of Kalyan mandap was built by the appellant-association - State contended that the said portion of land was outside the limit of the leased out area to the appellant-association - Appellant contended that the said part was also granted under lease and erroneously D excluded by the State records - Held: A committee of judicial officers was constituted to measure the lease hold area and submit report whether the 23 shops and Kalyan mandap were within the said lease hold land - On perusal of report of the Committee and other materials on record, two aspects were clear (i) the appellant- association encroached upon the property of the State Government E and built 23 shops and, as the report of the Committee would reflect, Kalyan mandap stands partly on the government land; (ii) the property that stands on the government land has to go back to the government - Further, the Ka(van Mandap should vest in the State Government and shall be managed by the District Collector. F Audit of income derived from suit land -Appellant-association was granted lease of land for construction of stadium - Dispute arose regarding part of a plot on which 23 shops and a part of Kalyan mandap was built by the appellant-association, ·which was also claimed by the State Government - Whether the income received from the said land were audited and the amount derived properly G accounted by the appellant-association - Held: The association has raised construction by encroaching upon the Government land - There is a lot of gap between the figure arrived at by the Accountant General on the basis of the market rent and the figurearrived at by the expert engaged by the appellant-association - State has shown the revenue generated after it was handed over to it which indubitably shows that the 23 shops were given on luwer rent and similarly Kalyan mandap h.ad been let out at a very low price or there had been collusion to show lower receipt though actually there was high c.ollection on rents - It has to be borne in B mind that the revenue has been generated by constructing on the government land and profits has been earned from the same - That warrants scrutiny and investigation - Central Bureau of - Investigation directed tu investigate into the matter keeping in view the report of the Accountant General and other aspects. A c D E F G H Conflict of Interest - Appellant-association was granted lease of land for construction of stadium - Dispute arose regarding·a part of a plot on which 23 shops and a part of Kalyan mandap was built by the appellant-association, which was also claimed by the State Government - Appellant-association executed contract with Mis. 'I' for purpose of holding marriages and sun of associations general secretary was partner in Mis. 'I' - Further. there was allegation that sun and sun-in-law were also partners - In such a situation conflict of interest arises - Held: The suit land whereon 23 shops were constructed and rented out, belongs to the State Government and a part of Kalyan Mandap is also built on the Government land - In the instant case, the son of the Secretary of the association is a partner in the jihn that had been given contract - The son might have been inducted as a partner at a later stage but the fact remains that the father was the Secretm:v of the association - The arrangement entered into by the association with A1/s. 'I' was absolutely illegal and there was conflict of interest since the Secreta1y s son and son-in-law were inducted as partners in the concerned firm; also there was revenue loss as the audit re1jort of the Accountant General is appreciated; the Secretary of the association could nut have been instrumental in unauthorised construction on the government land and in generating revenue therefrom; furthe1; there was serious concern about the nature of revenue generation utilisation and the fuss sustained - Therefore. the agreement between the association and Mis. 'I' declared null and void - The Secretary, who is accountable to the public, failed to conduct himself as required under law - He is debarred from contesting for any post in the association. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 310 |
Petitioner | Orissa Olympic Association Th. General Secretary |
Respondent | State Of Orissa & Anr. |
SCR | [2017] 6 S.C.R. 813 |
Judgement Date | 2017-04-03 |
Case Number | 6450 |
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