SPECIAL PLANNING AUTHORITY Vs. PRANABANDHU SAHOO

JUDGEMENT

(1.) THE Special Planning Authority, Keonjhar has filed this appeal challenging the impugned direction given by the District Forum to it to register the sale deed in respect of the disputed land in favour of the respondent No. 1.

(2.) THE respondent No. 1 filed the complaint on the following allegations: His case is that the appellant allotted him plot No. MIG -15 under revenue plot No. 250 of Khata No. 67 of village Jagannathpur under Keonjhar Tahasil. As required by the appellant, he deposited a sum of Rs. 12,000/ - in three instalments as earnest money. He was given possession of the land on 31.1.1992. He took loan from the State Bank of India for construction of his house. Although, he was given possession, the appellant did not execute the sale deed. His prayer is, therefore, for direction to the appellant to execute the sale deed.

(3.) THE impugned direction of the District Forum is not legally sustainable. Valid sale deed can be executed by a seller if he has title to the property. Admittedly, the land in question is a Debottar property. Therefore, without permission from the Endowment Commissioner for alienation of the land in favour of the appellant, he cannot be held to have derived title in respect of the land. The appellant is a statutory authority and not a private individual. It is not supposed to do anything contrary to law. Therefore, the respondent No. 1 should not have rushed to the District Forum by filing a complaint. In our opinion, as the situation at present stands, the respondent No. 1 has no cause of action.