Court seeks details of deals after temple Act amendment

Cuttack: The Orissa high court on Wednesday directed the state government to file a fresh affidavit indicating details of the transactions entered into pursuant to the amendment of Section 16 (2) of the Shri Jagannath Temple Act, 1955.The HC was hearing a petition challenging the amendment of the Act by promulgating an ordinance in January 2022. Dilip Kumar Baral, a resident of Puri, filed the petition contending that amendment had given more power to the temple managing committee at the cost of undermining the power of state government.The two-judge bench of acting Chief Justice BR Sarangi and Justice MS Raman sought the fresh affidavit after petitioner counsel Anup Kumar Mohapatra pointed out that the counter affidavit filed by the state government was silent about the transactions entered into since the amendment of the Act.The bench expected the state government to file the affidavit by the time the petition is taken up for hearing after two weeks.Official records indicate that over 60,000 acres of land of Lord Jagannath had been identified in 24 districts in the state. But the Shri Jagannath Temple Administration (SJTA) has so far received the record of rights of 35,000 acres in the name of Lord Jagannath, while the rest of the lands are under occupation of different persons for years.Earlier, a deputy secretary of law department had filed a counter affidavit in response to the petition and stated the state government has formulated a policy in consonance with the Act known as “uniform policy” to sell the lands of the Shree Jagannath Temple Managing Committee to the persons in long possession of the same on the rate fixed under the policy in a transparent and convenient number to both the temple and the possessor.The amendment by promulgating an ordinance was done by state government to make the process of land alienation smooth and more transparent in the interest of the temple.According to the affidavit, a large number of land alienation cases are pending particularly in the districts of Puri and Khurda. However, delegation of power could not be given effect in view of the specific provisions contained in section 16 (2) of the Temple Act, 1955 that previous sanction of the state government is necessary in all cases of alienation. In order to simplify and expedite the process of land alienation, state government has taken necessary steps to suitably amend the 1955 Act, the affidavit said.As part of the simplification process the amended Act has delegated power to officials, like the temple managing committee, chief administrator of the temple, district collector, Puri and other authorities at the district level.