JAGANNATH MAHAPRABHU BIJE SHREEKSHETRA Vs. COLLECTOR PURI

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner Sri Jagannath Ballav Math Endowment Trust Board through its Executive Officer seeks to assail the validity of the notification dated 21-8-l989 published in the Official Gazette dated 29-8-1989 (Annexure-3) under Section 6 of the Land Acquisition Act, 1894 by which the Government of Orissa in the Revenue and Excise Department has declared acquisition of land measuring Ac. 0.890 decimals situated at Chudanga Sahi in the town of Puri for public purpose i. e. construction of a modern Gymnasium and Sports hostel.

(2.) The petitioner claims to be a public endowment located at Dandimala Sahi of Puri town. It owns properties for the benefit of the endowment within the Puri town including Ac. 22.1 10 decimals of land wherein the math, its temple and garden are located. The petitioner's institution is closely connected with the seva puja of Lord Jagannath and various functions like Chandan Jatra, Nrusingha Chaturdasi, Ashokastami, Rama Navami etc. are observed there. On these festive. occasions, representative of Lord Jagannath in the form of 'Chalanti Pratima' is brought to the math and different formalities like offering of "Panti Bhog" are performed. The petitioner challenges the impugned notification on various grounds which would be hereinafter mentioned.

(3.) The opposite parties have filed counter affidavit justifying the acquisition of the land in question. According to them the land in question is urgently required for construction of Gymnasium and Sports Hostel in Puri town. Petitioner's Trust Board in its meeting held on 12-4-1987 (Annexure-A) agreed to alienate Ac. O.717 decimals of land provided recourse was taken to the provisions of the Land Acquisition Act, 1894. The. Government in the Department of Tourism, Sports and Culture in letter No. 5827 dated 20-7-l988 (Annexure-B) and Director, Sports in his letter No. 9169 dated 30-7-1988 (Annexure-C) recommended to acquire the land by adopting the emergency clause because at the moment, the sports hostel at Puri is housed in a rented building and on a consideration of it, the government issued notification dated 12-1-1989 under Section 4 (1) and 17(4) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') Those two notifications were published in the extraordinary Gazette dated 24-1-1989 (Annexure-D). It has been further stated in the counter affidavit that the notifications were published in the two daily newspapers the 'Dinalipi' and the 'Pragatibadi' on 20-1-1989 and 21-1-1989 respectively. Public notice of the substance of the notifications was also given at convenient places in the concerned locality on 27-5-1989 (Annexure-E). Declaration under Section 6 (1) of the Act was made by the notification dated 21-8-1989 which was published in the Gazette dated 29-8-1989 (Annexure-3). The said declaration was also published' in two local newspapers the 'Sambad' and the 'Swadhikar' on 1-9-1989 and 28-8-1989 respectively. The public notice of the declaration was given at convenient places in the concerned locality on 19-9-1989. It is the specific stand of the opposite parties that all the requirements as provided under Sections 4 and 6 of the Act were duly complied with and the emergency clause under Section l7 (4) of the Act was applied since the sports hostel at Puri is functioning in a rented building.