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Time of India
3 days ago
- Business
- Time of India
Odisha HC junks plea against LIC over public auction of cancelled flat allotments
CUTTACK : Orissa high court has given a clean chit to Life Insurance Corporation of India (LIC) for reinitiating, through public auction, the sale of flats which were first allotted to policyholders through a draw of lots, and subsequently cancelled in 2014. A petition was filed by a policyholder who had deposited Rs 1 lakh and was among the successful applicants in the draw of lots, before the allotments were cancelled. The petition sought HC's intervention, alleging that LIC is now attempting to profit from the same flats by hiking its cost to Rs 80.54 lakh from the earlier Rs 58.10 lakh, which amounts to arbitrary and exploitative conduct unbecoming of a state entity. While dismissing the plea, Justice S K Panigrahi said the court cannot ignore the practical realities of urban development, land classification, and escalating construction costs. "It is not open to a writ court (HC) to freeze pricing or enforce historic transactions when the statutory and legal framework has significantly changed over a decade," Justice Panigrahi stated in the judgment uploaded on May 29. He pointed out that LIC, being a public authority, is entitled to re-value and dispose of its assets in a lawful, transparent manner, and "no mala fide can be imputed to its decision to conduct an e-auction in 2025." According to case records, in early 2014, LIC had launched a housing scheme for the allotment of 75 flats at Jeevan Bima Nagar, Phase-II, Chandrasekharpur in Bhubaneswar . Policyholders could submit applications depositing Rs 1 Lakh. LIC, on its part, submitted that the cancellation of allotment was compelled by the govt's instruction not to register flats without Record of Rights (RoR). The ROR was unavailable in 2014 and was only obtained in 2024, after due mutation and reclassification of land. After obtaining legal possession and clearances, LIC reinitiated the sale through public auction as required for fair disposal. Given the time lapse and cost escalation, the current pricing reflects present-day market and construction realities, it stated. While dismissing the petition, Justice Panigrahi also ruled that without a sale agreement, registration, or part-performance beyond a token application fee, no enforceable legal right is vested in the petitioner. Justice Panigrahi further clarified that the HC does not sit to enforce broken promises, expectations, or incomplete transactions between private parties and state instrumentalities unless a public duty, statutory violation, or glaring arbitrariness is demonstrably shown.
Time of India
3 days ago
- Business
- Time of India
HC junks plea against LIC over public auction of cancelled flat allotments
Cuttack: Orissa high court has given a clean chit to Life Insurance Corporation of India (LIC) for reinitiating, through public auction, the sale of flats which were first allotted to policyholders through a draw of lots, and subsequently cancelled in 2014. A petition was filed by a policyholder who had deposited Rs 1 lakh and was among the successful applicants in the draw of lots, before the allotments were cancelled. The petition sought HC's intervention, alleging that LIC is now attempting to profit from the same flats by hiking its cost to Rs 80.54 lakh from the earlier Rs 58.10 lakh, which amounts to arbitrary and exploitative conduct unbecoming of a state entity. While dismissing the plea, Justice S K Panigrahi said the court cannot ignore the practical realities of urban development, land classification, and escalating construction costs. "It is not open to a writ court (HC) to freeze pricing or enforce historic transactions when the statutory and legal framework has significantly changed over a decade," Justice Panigrahi stated in the judgment uploaded on May 29. He pointed out that LIC, being a public authority, is entitled to re-value and dispose of its assets in a lawful, transparent manner, and "no mala fide can be imputed to its decision to conduct an e-auction in 2025." According to case records, in early 2014, LIC had launched a housing scheme for the allotment of 75 flats at Jeevan Bima Nagar, Phase-II, Chandrasekharpur in Bhubaneswar. Policyholders could submit applications depositing Rs 1 Lakh. LIC, on its part, submitted that the cancellation of allotment was compelled by the govt's instruction not to register flats without Record of Rights (RoR). The ROR was unavailable in 2014 and was only obtained in 2024, after due mutation and reclassification of land. After obtaining legal possession and clearances, LIC reinitiated the sale through public auction as required for fair disposal. Given the time lapse and cost escalation, the current pricing reflects present-day market and construction realities, it stated. While dismissing the petition, Justice Panigrahi also ruled that without a sale agreement, registration, or part-performance beyond a token application fee, no enforceable legal right is vested in the petitioner. Justice Panigrahi further clarified that the HC does not sit to enforce broken promises, expectations, or incomplete transactions between private parties and state instrumentalities unless a public duty, statutory violation, or glaring arbitrariness is demonstrably shown.
Time of India
02-05-2025
- Politics
- Time of India
HC rejects plea against error in recording ‘govt' land
1 2 Cuttack: Orissa high court has held that erroneous recording of purported govt land as private land by making modification in the record of rights (RoR) cannot be taken up for hearing. The two-judge bench of Chief Justice Harish Tandon and Justice M S Raman said, "As the seminal grievance raised in the instant public interest litigation pertains to erroneous recording of an entry in the record of right and there is an efficacious alternative remedy available to the petitioners, it does not satisfy the basic ingredients of the public interest litigation." "Even if we proceed on the assertion of the petitioners, we find that the petitioners can ventilate their grievance under the Orissa Survey and Settlement Act, 1958, which contains the provision relating to the revision of the entry made in the record of right, either suo motu by the Board of Revenue or an application having made in this regard," the bench observed, while dismissing the petition on April 29. The ruling was given on a petition filed by five residents of Badamba tehsil under Athagarh sub-division in Cuttack district . Claiming themselves to be representatives of the people of the area, the petitioners alleged that several plots, which belonged to the govt, had been wrongly classified as private land by making alteration in the RoR. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Pernas e pés inchados: Experimente isso para ajudar a drenar o fluído do edema aartedoherbalismo Undo According to the petitioners, the lands were always used as 'gochar' (grazing) land and for performing cremations but because of the alteration in RoR, six private individuals are claiming their right, title and interest thereupon. The land, which was recorded as govt land, is wrongly shown as private land affecting the rights of villagers, the petitioners contended, seeking the court's intervention for correction of the erroneous entry made in RoR. However, the bench said, "In course of the hearing, we found that the modification and/or alteration in the record of right was done as far back as in the year 1990. There is a complete silence on the part of the petitioners till 2024 when the instant PIL is filed for restoration of the original entry, i.e., the land belonged to the govt. No convincing material is produced by the petitioners that the said land was, in fact, recorded as the govt land." "The moment the govt made an entry in the record of right, such entry is presumed to be correct unless the contrary is proved by cogent evidence," the bench observed, adding, "Mere recording the name in the record of right neither creates any title into a person nor extinguishes title in respect of an immovable property but made for the purpose of the collection of land revenue and making a person primarily responsible for payment thereof."
Hans India
26-04-2025
- Politics
- Hans India
New Land Disputes Resolution System Introduced Through "Bhoo Bharati Act": District Collector B.M. Santosh
Gadwal: District Collector B.M. Santosh stated that the Telangana State Government has introduced a revolutionary new system under the "Bhoo Bharati Act-2025" to resolve land-related disputes at the district level itself. On Saturday, the Collector attended an awareness conference organized at Gattu Mandal regarding the "Bhoo Bharati Act-2025" as the chief guest. Speaking on the occasion, he elaborated on various aspects of the Act and provided a clear understanding of the law to farmers. Addressing the gathering, Collector B.M. Santosh emphasized that the Telangana government has introduced the Bhoo Bharati Act to resolve long-pending land disputes faced by farmers. He explained that the new law has been implemented in place of the earlier "Dharani" system to secure land rights. He further detailed that services such as land transactions, registration, mutation, rectification of prohibited lands, Record of Rights (RoR) amendments, inheritance issues, simple sale agreements (Sada Bainamas), and services like ORC (Online Record Corrections) will now become much easier and faster under the Bhoo Bharati Act. Just as individuals have Aadhaar cards for identity, land will now be assigned a unique "Bhoodhaar" number, ensuring protection against encroachments, the Collector informed. He also added that farmers can apply at MeeSeva centers for any land-related issues, and solutions would be provided within a specified timeframe. Unlike the previous Dharani system, where disputes had to be taken directly to civil courts without appeal provisions, the new Bhoo Bharati Act-2025 introduces a formal appellate structure. Farmers can now appeal from Tahsildar to RDO, RDO to Collector, and Collector to the Land Tribunal. The Collector assured that, under the new law, land disputes would be resolved within a fixed timeframe. Despite Gattu Mandal receiving the highest number of applications in the district, 90% of the cases have already been resolved, and efforts are underway to address the remaining cases promptly, he said. To further strengthen the system, the government will soon appoint Village Administrative Officers (VAOs) at the village level to resolve land disputes more effectively. Following these awareness programs, revenue officers will conduct village-wise revenue conferences to accept applications and resolve issues. Collector Santosh encouraged every farmer to learn about the new Bhoo Bharati Act and the updated Record of Rights (RoR) system, making the best use of this opportunity to safeguard their land rights. During the program, doubts and queries raised by several farmers were addressed and clarified. Additional Collector Lakshmi Narayana, Gattu Tahsildar Saleemuddin, MPDO Chennayya, officials from various departments, and a large number of farmers participated in the program.
