Cuttack: In a landmark 33-page judgment, the Court of the Member, Board of Revenue in Odisha has restored 57 acres of land to the name of Lord Jagannath.
The temple authorities contended that the land, situated at Kudiyari Mouza under Jatni tahsil in Khordha district, and granted long-term lease in 1951 for establishment of an industrial unit, was not legally valid.
Following a prolonged legal dispute, the Board ruled in favour of the temple committee and directed the concerned revenue authorities to record the 57-acre property in the name of Lord Jagannath.
Satyabrata Sahu, Member of the Board of Revenue, passed the order after a hearing of two revision petitions, directing the Jatni Tahsildar to immediately correct the Record of Rights and register the land under the name of Shree Jagannath Mahaprabhu Bije, Puri, represented by the Shree Jagannath Temple Managing Committee.
In its ruling, the court pointed out that under Section 58 of the Orissa Hindu Religious Endowments Act of 1939, which was prevalent at the time, any lease of immovable temple property for a period exceeding five years mandatorily required the prior sanction of the Endowments Commissioner.
However, the opposite parties failed to produce any evidence proving that such an approval was ever obtained. The court clarified that mere registration of a lease deed does not, by itself, confer legal validity upon the transaction.
The judgment highlighted that the primary purpose of the original lease was the establishment of an industrial enterprise.
However, documents placed before the court did not establish that any such industrial unit had ever been set up or that the temple had derived any financial benefit from the lease. In fact, a recent field inspection report submitted by the Tahsildar indicates that the disputed land continues to remain vacant.
The court reiterated that a Record of Rights does not generate an absolute ownership title but only serves as primary evidence of possession. If the initial basis of a record rests on an unlawful transaction, the revisional authority holds absolute power to correct those records.
According to legal experts, this landmark Judgment will serve as a vital precedent for safeguarding religious and public endowments in the future, even as the state revenue administration steps up measures to legally protect the extensive immovable properties of Lord Jagannatha across different districts.
Senior Advocate Ambika Prasad Mishra, who represented the temple committee, expressed satisfaction with the verdict. He said that the administration is resolute in its path to reclaim Lord Jagannath’s lands and bring joy to devotees.
