SWARNALATA DASH Vs. TAHASILDAR, NIALI

JUDGEMENT

(1.) IN this writ application, the Petitioner has challenged the Order Dated 2.6.2005 passed by the Commissioner, Land Reforms, Cuttack in OLR Revision Case No.9 of 2003 confirming the Order Dated 5.12.2011 passed by the Tahasildar, Niali in OLR No.887 of 2002.

(2.) THE facts leading to the present case are as follows: The Petitioner purchased a land from the rightful owner -Bhaskar Mishra by a registered Sale Deed No.1246 dated 30.6.1990 & also purchased another adjacent plot from the said owner by registered Sale Deed No.586 dated 19.2.1991. She possessed the total area of Ac.0.05 decimals of land from the date of purchase, as the vendor delivered possession of the land to her. The type of the land before purchase was "Bari". After purchase, the Petitioner applied for mutation of the said land before the Tahasildar, Nialai vide Mutation Case No.699 of 1990 which was allowed on 27.3.1991. The kissam of the land was corrected as "Gharabari" & the rate was also fixed. Since then, the Petitioner after constructing a pucca building is residing over the said land. She also obtained the electric connection since September, 1992.

(3.) LEARNED Counsel for the Petitioner submits that the land in question was converted from agricultural to non -agricultural land since 1991. The Petitioner constructed her house over the said land and is residing with her family after mutating the said land which was allowed by the Tahasildar -Opp. Party No.1. The status of the land was homestead. From the order passed by the Tahasildar, Niali, it appears that he has calculated the premium taking into consideration that the land situates within 1/4 km of the State Highway No.60. He further submits that the road was declared as State Highway No.60 on 24.11.2002. By that time the Petitioner was already residing there by converting the kissam of the land to homestead since 1991. Therefore, the authority should have calculated the premium as per Section 8(3) of the OLR Act. Section 8 -A came into force after amendment in the year 1993. The proceeding initiated under the said Section against the Petitioner in the year 2002. Since suo motu proceeding was initiated in the year 2002 and subsequent to the said proceeding, the road was declared as State Highway, the authorities have no jurisdiction to calculate the premium taking into consideration that the land situates 1/4 km away from the National Highway which was so declared at a later stage.