RADHA GOVINDA SWAMY Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN these writ applications, the petitioners have challenged the vires of certain provisions of the Orissa Estates Abolition Act, 1951, as amended by the Amending Acts of 1974, 1978 and 1979. They have also challenged the vires of the notifications under section 3A of the Act and sought a declaration that the said, notification is illegal and has no application as regards them. A prayer has also been made for a direction for incorporation of a provision akin to Article 290A of the Constitution of India guaranteeing payment of annuity and for other reliefs.

(2.) THE Orissa Estates Abolition Act, 1951 (Orissa Act 1 of 1952) coming in the wake of the constitution, made provision as the preamble indicates for abolition of rights, title and interests in land of intermediaries by whatever name known including the mortgagees and lessees of such interests between the raiyats and the state of Orissa and for vesting in the State of the said rights, title and interest. The enactment was a measure to secure economic justice for all and to that end to secure the ownership and control of all material resources of the community so that they might best subserve the common good, and to prevent the concentration of wealth and means of production to the common detriment.

(3.) IN 1963, the Act was amended by Orissa Act 5 of 1963. Chapter II -A containing provisions as regards public trust was inserted. Section 13 -A defined 'Trust estate' as an estate the whole of the net income whereof under any trust or other legal obligation had been dedicated exclusively to charitable or religious purposes of a public nature without any reservation of pecuniary benefit to any individual. The Chapter saved vesting of estates declared as, trust estates by the tribunals constituted under the Act, vide section 13 -B and 13 -1. However, section 13 -K(b) declared that such saving or exclusion from vesting did not' denude the State Government of its power to vest in future an estate, declared as trust estate, by issue of a notification under Section .3.