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Supreme Court of India 2017-04-03 allowed

Orissa Olympic Association Th. General Secretary vs State of Orissa & Anr

Bench: 2 — Dipak Misra

In Brief

The Supreme Court upheld the State's ownership of land where the Orissa Olympic Association unauthorisedly constructed 23 shops and part of Kalyan Mandap (Barabati Palace). A judicial committee's measurement confirmed these structures stood outside the 20.808-acre leasehold area, on government land. The Court rejected the Association's adverse possession claim, holding a lessee cannot plead adverse possession against the lessor. The agreement with private firm M/s. INCON Associates was voided due to conflict of interest (the General Secretary's son was a partner) and arbitrary rent fixing far below market rates. The Accountant General's audit showed significant revenue loss. The Court directed the State to take possession and manage the properties, ordered investigation by the Central Bureau of Investigation, and barred the General Secretary from holding office.

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Land Law Real Property Tenancy and Lease Adverse Possession Government Land Conflict of Interest Public Administration Revenue Recovery Audit and Accounts

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