AIR 2017 SUPREME COURT 1843 ::(2017) 2 CLR 1 (SC) ::2017 (14) SCC 22 ::(2017) 4 Scale 217 ::AIR 2017 SC (Civil) 1586 ::(2018) 127 All LR 43 ::2017 (4) KCCR SN 461 (SC) ::(2017) 180 AllIndCas 6 (SC)

Supreme Court Of India

(From : Orissa)*

Hon'ble Judge(s): Dipak Misra, Prafulla C. Pant , JJ

Orissa Prevention of Land Encroachment Act (6 of 1972) , S.6, S.7— Land encroachment - Suit for possession and permanent injunction decreed in favour of Orissa Olympic Association (OOA) - Appeal against - OOA raised construction of 23 shops and Kalyan Mandap by encroaching upon Govt. land and sub-leasing it, earned revenue - Supreme Court while refusing demolition of Kalyan Mandap, directed District Administration to take possession of property over encroached land - CBI on basis of report of Accountant General, directed to make enquiry into issue of collection of rent and Mandap built by OOA - Also there is conflict of interest as son of Secretary of OOA is partner in firm that had been given on contract - Hence, Secretary for his conduct debarred from contesting for any post in OOA. Constitution of India , Art.136— In present case, Orissa Olympic Association encroached upon property of State Government and built 23 shops and, as report of Committee would reflect, Kalyan Mandap stands partly on Government land and property that stands on Government land has to go back to Government. There are two options with Supreme Court, that is, to issue a direction for demolition of Kalyan Mandap or direct Government for resumption of that part of land belonging to association where Kalyan Mandap has been constructed. It is beyond any dispute that Kalyan....