Cuttack: The Orissa High Court has imposed a fine of Rs 10,000 on Shri Jagannath Temple Administration (SJTA) for non-compliance of its order issued two years ago over legal validity of amendment to section 6 (2) of Shri Jagannath Temple Act, 1954.
The order was issued on a PIL filed by Dilip Kumar Baral, a resident of Puri, challenging the amendment of the Act by promulgating an ordinance in January 2022. He contended that the amendment had given more power to the temple managing committee at the cost of undermining the power of state government and thus, defeated the legislative intention behind the provision.
On March 15, 2022, the HC had directed the state government to file a counter affidavit, indicating specifically the details of the transactions entered pursuant to the amended section. “All actions taken pursuant to the amendment of Section 16 (2) of the Act would be subject to the outcome of the writ petition,” it added.
The petitioner’s counsel Anupam Mohapatra on Wednesday (July 19) pointed out that though the SJTA had filed a counter affidavit, the specific direction was not compiled with. Mohapatra further stated had he had informed about the non-compliance in a rejoinder to the counter affidavit filed on April 8, 2023.
As SJTA counsel sought more time to file an affidavit, indicating the details, Chief Justice Chakradhari Sharan Singh and Justic Savitri Ratho slapped a fine on it and posted the matter after three weeks.
The outcome of the write petition assumes significance as over 60,000 acres of Lord Jagannath’s land have been detected in 24 districts.
The section 16(2) of the Act, prior to amendment, stipulated that no immovable property taken possession by the temple committee may be leased out, mortgaged, sold, or otherwise alienated without the state government’s consent. Accordingly, those in occupation or possession of temple land had to get approval of the Law Department for sale, lease or mortgage it under the uniform policy. The amendment, however, allowed those in possession of the temple land to get Patta (land record) in their names and further sale, transfer or mortgage the land and the state government argued that it would facilitate speedy disposal of all cases related to alienation of land or immovable properties. Accordingly power was delegated to temple managing committee, SJTA chief administrator, Puri collector and other authorities at the district level.
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