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Section 16: Alienation of the Temple properties

Shri Jagannath Temple Act, 1955.State Act of Odisha · Act 11 of 1955

(1) No movable property of a nonperishable nature of which the Committee is in possession and the value of which is more than 1[fifty thousand rupees] and no Jewelleries shall be sold, pledged or otherwise alienated without the previous approval of the State Government.

(2) Save as otherwise expressly provided in this Act no immovable property taken possession of by the Committee shall be leased out for more than five years or mortgaged, sold or otherwise alienated except with the previous sanction of the State Government.

2[(3) Any transfer of immovable property recorded in the name of Lord Jagannath of Puri by any person including any institution being the Marfatdar of such property shall be absolutely null and void and of no force or effect whatsoever, unless 1[Chief Administrator] or any officer authorised by him in writing in this behalf, execute the deed of such trnasfer as one of the executant.

(4) Notwithstanding anything contained in the Registration Act, 1908 (Act 16 of 1908) no deed of transfer of any immovable property executed in contravention of the provisions of sub-section (3) above shall be accepted for registration.]

3[16-A. Removal of encroachment of Temple Land :– (1) The provisions contained in the Orissa Prevention of Land Encroachment 2[Act, 1972] 2[Orissa Act 6 of 1972] shall be applicable, as far as may be, in respect of unauthorized occupation of any land belonging to the Temple as if it were property of Government within the meaning of that Act.

(2) 1[Chief Administrator] may with the prior approval of the Committee, make an application for taking up appropriate proceedings under the said Act to the authority -competent there under and thereupon it shall be lawful for such authority to take action in accordance with the provisions contained in that Act.

CASE LAWS Land Committee took decision to dispose of the landed properties of Lord Jagannath to persons, who were possessing the land with permanent structure since long- Government of Orissa approved the recommendation of the Land Committee- Petitioners' possession over land is disputed - Enquiry report reveals that Ac. 0.018 decimals of land was found to be lying vacant without being surrounded by fence - petitioners also could not show any document regarding their possession over Ac.

0.018 decimals - Held, no right, title and interest accrue or have accrued in favour of petitioners in respect of the land in question belonging to Lord Jagannath : Deben Sethi and others v. State of Orissa and others: 2012 (Supp,-I) OLR 656 : 2012 (I) CLR 1136 : 2012 (1) OJR 275.

Where this provision sits

ActShri Jagannath Temple Act, 1955.
Section16
Marginal noteAlienation of the Temple properties
JurisdictionState of Odisha
StatusIn force as published by the source

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