JUDGMENT : G.B. Patnaik. J 1. The short question which arises for consideration in this writ application is whether the power of cancellation of a notification conferred upon the State Government u/s 5(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the "Act") can be exercised even after confirmation of the provisional consolidation scheme and preparation of final map and record-of-rights' in the consolidation area on the basis of the confirmed consolidation scheme u/s 22 of the Act. This point arises for consideration under the following circumstances: 2. The Petitioners are the inhabitants of village Denga Amba under Banki Police Station in the district of Cuttack. The said village was brought under consolidation operation by issuance of a notification under- Section 3(1) of the Act dated 6-8-1973 and the notification was published in the Orissa Gazette dated 10-8-1973. The gazette publication has been annexed as Annexure-I. The consolidation authorities after observing all formalities and procedure and after confirmation of the provisional scheme prepared the final map as well as record-of-rights on the basis of the said confirmed scheme u/s 22 of the Act. The land-owners were distributed their Chakas and record-of-rights in respect of the same have also been given to them. Some of them have also sold a portion of their of lands. The detailed account of sales has been mentioned in paragraphs 7 to 9 of the writ application. Much after the finalisation of the rights of the parties u/s 22 of the Act. Government issued an order in purported exercise of their power u/s 5(1) of the Act cancelling the notification published u/s 3(1) of the Act anti the said order of cancellation was communicated by the Deputy Secretary to Government dated 27-6-1981. The Director of Consolidation circulated a notice in the area intimating the order of cancellation passed by the State Government which notice has been annexed as Annexure-2. The Petitioners thereafter have approached this Court for quashing of the said notification of the State Government u/s 5(1) of the Act. 3.
The Director of Consolidation circulated a notice in the area intimating the order of cancellation passed by the State Government which notice has been annexed as Annexure-2. The Petitioners thereafter have approached this Court for quashing of the said notification of the State Government u/s 5(1) of the Act. 3. A counter affidavit has been filed on behalf of the opposite parties and the only stand taken is that the power of cancellation u/s 5(1) of the Act can be exe-rcised by the State Government at any time and there is no restriction on the said power and accordingly it is contended that there is no infirmity in the order of cancellation. 4. In course of hearing of this application. Mr. Misra, the learned Counsel for the Petitioners, contends that though Section 5(1) uses the expression "it shall be lawful for the State Government at any time to cancel......." yet the only rational meaning of the said expression would be, that the power of cancellation must be exercised at any time before finalisation of rights of the parties u/s 22 of the Act and not after the rights of the parties have been fihalised by preparation of final map in the consolidation area and preparation of record-of-rights on the basis of confirmed consolidation scheme. 5. In order to ascertain the true import and meaning of the expression "at any time' used in Section 5, it would be necessary to examine the scheme of the Act. Under the Act when the State Government is of the opinion that an area may be brought under consolidation operation it may issue a notification to that effect u/s 3(1) and upon issue of such notification, the authorities under the Act, namely the Consolidation Officer or his subordinates have the right to enter upon and survey and do all acts necessary to ascertain the suitability of the area for consolidation operation. The Consolidation officer is required to cause public notice in the prescribed manner. The effect of a notification u/s 3(1) is provided for in Section 4. Section 5 is the power of the State Government for cancellation of notification. Section 6 is the power of the Director of Consolidation to issue notification constituting units and initiating preparation of maps and land register in respect of each unit.
The effect of a notification u/s 3(1) is provided for in Section 4. Section 5 is the power of the State Government for cancellation of notification. Section 6 is the power of the Director of Consolidation to issue notification constituting units and initiating preparation of maps and land register in respect of each unit. Section 7 is the power relating to partition of joint holdings and amalgamation of holdings and to determine rent and cess and to effect change in the village boundary. Section 8 authorises the Assistant Consolidation Officer, in consultation with the Consolidation Committee to set-forth the principles to be followed in carrying out consolidation operation of the unit. Section 9 provides for publication of records and issue of extracts and notices. Section 10 is the power of the Assistant Consolidation Officer to dispose of objections received and Section 11 is the power of the Consolidation Officer to dispose of objections forwarded to him under Sub-section (2) of Section 10 after giving a reasonable opportunity of hearing to the parties concerned. Section 12 provides for appeal against the order of the Assistant Consolidation Officer or of the Consolidation Officer. Section 13 provides for revision of map and land register. Section -16 is the general provision indicating the conditions to be fulfilled by a consolidation scheme. Section 17 is the provision for preparation of provisional consolidation scheme and Section 18 provides for publication of the same and receipt of objections thereon. Section 19 deals with disposal of objections and Section 20 provides for appeal against the same. Section 21 provides for confirmation of the provisional consolidation scheme and Section 22 is the provision for preparation and publication of final map and record-of-rights in accordance with the confirmed consolidation scheme. Section 23 authorises a landholder to enter into possession of the land allotted to him after the date of publication of the map and record-of-rights under Sub-section (2) of Section 22, Section 24 provides for payment of compensation and Section 25 is the provision which enables the Assistant Consolidation Officer to deliver possession to a land-owner if the land-owner tails to obtain possession after coming into force the final consolidation scheme. It is not necessary to notice other provisions except Section 41 which provides for closure of consolidation operation.
It is not necessary to notice other provisions except Section 41 which provides for closure of consolidation operation. On issuance of notification u/s 41 of the Act, the village or villages forming part of the unit shall cease to be under consolidation operation. 6. A combined reading of all the aforesaid provisions would unequivocally indicate that a power of cancellation conferred on the State Government u/s 5(1) of the Act can be exercised only before the publication of final map and record-of-rights u/s 22 and not after that. The aforesaid conclusion is strengthened from a combined reading of Sub-sections (1) and (2) of Section 5 of the Act itself, which is extracted hereunder: 5.(1) It shall be lawful for the State Government at any time to cancel by publication of an order to that effect in the Official Gazette, the notification made under Sub-section (1) of Section 3 in respect of the whole or any part of the area specified therein. (2) Where a notification has been cancelled in respect of any area under Sub-section (1), such area shall cease to be under consolidation operation with effect from the date of the cancellation. Sub-section (2) of Section 5, extracted above, clearly indicates that on issuance of a notification under Sub-section (1), cancelling a notification u/s 3(1), the area shall be ceased to be under consolidation operation. In view of the object of the Act which is to provide for consolidation of holdings and prevention of fragmentation of land for development of agriculture in the State, it would be wholly unjust to hold that the State Government can cancel a notification in exercise of powers u/s 5(1) even where long-drawn procedure and process has been followed and the rights of the parties have been crystalised by final publication of map and record-of-rights and parties have possessed their respective Chakas of land and have even exercised their right over the land by selling portion thereof. Such a construction would permit an arbitrary power to the State Government and permitting such cancellation would amount to gross abuse of power as well as colossal loss to the public exchequer. Though there is no guideline in Section 5(1) as to the reasons for cancellation, yet the reasons must be lawful and cannot be whimsical or fanciful.
Such a construction would permit an arbitrary power to the State Government and permitting such cancellation would amount to gross abuse of power as well as colossal loss to the public exchequer. Though there is no guideline in Section 5(1) as to the reasons for cancellation, yet the reasons must be lawful and cannot be whimsical or fanciful. Similarly, though the plain, ordinary meaning of the expression "at any time" used in Section 5(1) does not put any embarge on the power of the State Government as to when that power can be exercised yet, the said provision has to be construed by taking recourse to the several provisions contained in the Act as well as Sub-section (2) of Section 5 itself. A literal construction of the expression "at any time" would lead to absurdity and would frustrate the entire object of the Act and make the statute meaningless and ineffective. It is a well-settled principle of construction that in construing the provisions of a statute, Courts should be slow to adopt a construction which tends to make any part of the statute meaningless or ineffective and an attempt must always be made so as to reconcile the relevant provisions as to advance the remedy intended by the statute. If the expression "at any time" used in Section 5(1) is construed to mean as if there is no limitation on the power of the State Government and the State Government can exercise the power even after final publication of the map and the record-of-rights u/s 22, then it would make nugatory the whole purpose and object of the Act and also the rights of the parties finalised u/s 22 of the Act. Such a construction would create havoc and would be repugnant to the very object of the statute. In that view of the matter, we would hold that the power of cancellation by the State Government u/s 5(1) of the Act can be exercised at any time before finalisation of the rights of the parties u/s 22. In other words, such a notification of cancellation u/s 5(1) can be lawfully issued by the State Government before publication of final map and record-of-rights u/s 22(1) of the Act.
In other words, such a notification of cancellation u/s 5(1) can be lawfully issued by the State Government before publication of final map and record-of-rights u/s 22(1) of the Act. In this view of the matter, the impugned notification issued by the State Government u/s 5(1) of the Act much after the publication of final map and record-of-rights u/s 22(1) and distribution of Chakas to the parties concerned, must be held to be without jurisdiction and cannot be sustained. Accordingly the said notification of the State Government as also Annexures-2 and 3 are hereby quashed and the writ application is accordingly allowed, but in the circumstances, without any order as to cost. A.K. Padhi, J. 7. I agree. Writ application allowed. Final Result : Allowed