PARADIP PORT TRUST Vs. MANAGING DIRECTOR IDCO BHUBANESWAR

JUDGEMENT

(1.) This revision is directed against the order of the learned Civil Judge (Junior Division) in rejecting the plaintiff-petitioner's application under O.39, Rr.1 and 2 of the Civil Procedure Code in T.S. No.213/96 affirmed by the order of the learned Additional District Judge, Jagatsinghpur while dismissing the petitioner's appeal.

(2.) The short fact of the petitioner's case is that the entire port area along with it's assets including movable and immovable properties were transferred to the control of the Central Government vide Government Notification in Commerce (Ports) Department Notification No.2032 dated 31-5-1965. The Central Government took over the Paradip Port Project and Paradip Port Trust was formed on 1-11-1976. Consequent upon constitution of the Paradip Port Trust all the properties and lands vested in the Board of Trustees of the Port, under the provision of the Major Port Trust Act. The limits of Paradip Port Trust has been defined in a separate notification which is called Paradip Port Trust limits and, therefore, all the Government lands situated within the Port Limits as per the notification dated 16-11-1985 the lands are under the possession of the Paradip Port Trust since its inception and it is exercising all act of possession over the same.During the Hal settlement, the suit lands are recorded in the name of the plaintiff as owner thereof and the plaintiff is in exclusive possession thereof.

(3.) It is further stated that due to some dispute over the land between the Government of Orissa and Paradip Port Trust, a High Level Committee meeting was held on 18/1992 under the Chairmanship of the Chief Minister of Orissa and subsequently a meeting was held with the Revenue Divisional Commissioner, Cuttack on 6-9-1992 and it was decided that Ac. 6,382.07 decimals of land will be vested with the Paradip Port Trust within the Port Limit and accordingly a premium of Rs. 26,87,298.32 paise was paid to the Tahasildar, Kunjanga and as per the decision of the High Level Committee, the Joint Secretary to the Government of Orissa in the Revenue Department vide letter No.36793 dated 18-1-1994 directed the Collector, Jagatsinghpur for joint survey of land within the port limit and accordingly the joint survey was made by the Tahasildar, Kunjanga and the Port Trust Authorities from November, 1991 to January, 1995 and the land schedule was prepared showing the land in occupation of Port Trust and land reserved for the Government use and demarcation of Port Trust limit and the Government land was made, a drawing was drawn up and the land schedules prepared jointly were signed by the Tahasildar, Kunjanga and the authorities of the Port Trust on 2-3-1995. The Tahasildar, Kunjanga in his letter No.1148 dated 24-3-1995 submitted a report indicating about the details to the Collector, Jagatsinghpur and thus there is no manner of doubt that the Paradip Port Trust is the owner in possession of the suit schedule land.It is submitted that the opposite parties having no manner of right, title and interest over the suit properties, with the strength of an invalid and a fraudulent document in their favour are threatening to interfere with the possession over the suit land and for which the suit was filed for permanent injunction and during the pendency of the suit a petition under O.39, Rr.1 and 2, C.P.C. was filed which erroneously and illegally has been rejected by the learned trial Court and affirmed by the appellate Court without proper application of mind.It appears that the defendant-opposite party contested the petition on the plea that the suit lands are not specific and most of the plots being part plot; no specific boundary is given to identify the suit land as required under O.7, R.3, C.P.C. The Government being the original owner of land is a necessary party to decide the dispute but it has not been impleaded inasmuch as the defendant-opposite party being the owner in possession over the case land by virtue of a registered lease deed of the year 1988 and the land having been mutated in its name, a suit simpliciter for permanent injunction is not maintainable as there exists dispute with regard to title between the parties. It was the defendant's further stand that the suit lands having an area of Ac. 118.70 decimals is part of Ac.388.68 decimals of land in village Bhitaragarh which was originally acquired by Commerce (Port) and Transport Department of the State Government for the development work of the Paradeep Port. The Commerce (Port) and Transport Department belonged to State Government which was established much before IDCO came to existence. After shifting of Second Steel Plant to Daitary, the site of Paradip Phosphates Ltd. was shifted from Musadia village to the site near Railway Station. In the High Level Committee, the Paradip Port Trust agreed for transfer of Ac.426.00 of Port land to P.P.L. provided suitable alternative site within the Port area would be available in exchange. As the said Ac.388.68 decimals of land is remaining unutilised, State Government agreed to give Ac.243.00 from Irrigation Department and Ac.90.00 from Fishery Department in total Ac.426.00. It is stated that the IDCO was established in the year 1981 under Orissa Act, 1. It was decided that the aforesaid exchange would be done through IDCO. The IDCO by its letter dated 25-11-1982 to Commerce Department requested for surrender of the said Ac. 388.68 decimals of land to Revenue Department which has to transfer the same to the IDCO and accordingly, the Commerce Department surrendered the same to Revenue Department vide letter No.4658 dated 24-12-1982. Thereafter, the aforesaid land was given possession to IDCO by the Tahasildar, Kujanga which took over possession of the same on 7-2-1983. It is alleged that the exchange was made through the IDCO with the Paradip Port Trust as per the decision made for establishing the P.P.L. near Railway Station. The rest Act. 145.68 decs. of land remained in possession of the IDCO and as such on the application of IDCO the State Government agreed for developing Industries near the Port area. Accordingly, sanction was made in respect of Ac. 144.68 decs. by Revenue Department letter No. 78936 dated 10-12-1986. But because of the allegation of Paradip Port Trust for fulfilment of their deficit area due to encroachment by outsiders, the original sanction was again reviewed and final sanction was made in respect of Ac. 118.70 decs. On the basis of said sanction order, registered lease deed was made on 22nd September, 1988 by the Collector, Cuttack in respect of entire Ac. 118.70 decs. of land of village Bhitaragarh for a premium of Rs. 2,97,750/- with detailed land plan. The IDCO became the absolute owner in possession of the said land. It is alleged that subsequently, the case land has been recorded in the name of Paradip Port Trust in the Hal settlement R.O.R. published in the year 1984 and thereafter the IDCO applied to the Tahasildar, Kujanga with different mutation cases to mutate the case lands in its favour. The Tahasildar, Kujanga on verifying the physical possession, lease deeds and possession certificate, has mutated the case land in favour of the IDCO and the IDCO has been paying the ground rent to the State Government through the Tahasildar, Kunjanga. It is stated that the intention of the IDCO is to develop the industry near the port area and in the meantime Ac.75.00 of land has been leased out to M/s. Nilanchal Floride and Chemicals Ltd. And Ac.28.82 decimals in favour of Total Gas Ltd. and rest of the areas are under the process of making roads and establishing industries.