Supreme Court of India
SRI JAGANNATH TEMPLE MANAGING COMMITTEEversusSIDDHA MATH & ORS.
- Citation
- 2015 INSC 933
- Decided
- 16 December 2015
- Disposal
- Disposed off
- Bench
- V GOPALA GOWDA
Holding
The first part of the proviso to Section 2(oo) of the Orissa Estate Abolition Act, 1951 is struck down to the extent it conflicts with Sections 5 and 33 of the Sri Jagannath Temple Act, 1955, and the 1974 vesting notification is quashed insofar as it relates to the Temple’s lands.
Summary
The Supreme Court examined a dispute over lands belonging to the Shri Jagannath Temple at Puri, which had been vested in the State Government by a 1974 notification under the Orissa Estate Abolition Act, 1951 (OEA Act). The Temple Managing Committee claimed that the lands were vested in it under the special Sri Jagannath Temple Act, 1955, while Siddha Math argued that the lands were trust estates under the OEA Act. The Court held that the first part of the proviso to Section 2(oo) of the OEA Act conflicted with Sections 5 and 33 of the Temple Act and must be struck down, rendering the 1974 notification void to the extent it affected the Temple lands. It further ruled that the OEA Act could not divest property already vested under the special Temple Act, and that the Tahsildar lacked jurisdiction to settle the claim. Consequently, the High Court’s order setting aside the Temple’s settlement was reversed, the appeals were allowed, and the notification and conflicting statutory provision were quashed prospectively.
Issues considered
- The validity of the 1974 notification under the OEA Act as it applies to the Shri Jagannath Temple lands.
- Whether the provisions of the special Sri Jagannath Temple Act, 1955 override the general provisions of the OEA Act, 1951.
- Whether the first part of the proviso to Section 2(oo) of the OEA Act is constitutionally and statutorily valid.
- Whether the Tahsildar had jurisdiction to settle the claim under the OEA Act.
- Whether the earlier judgment in *Lord Jagannath* is binding on the present case (res judicata).
- Whether the earlier judgment was per incuriam for ignoring the Temple Act.
Legislation cited
- Orissa Estate Abolition Act, 1951s. 2(d), s. 2(hh), s. 2(oo), s. 3, s. 3A, s. 8-A
- Sri Jagannath Temple Act, 1955s. 2, s. 30, s. 33, s. 5
Subjects
Temple Act 1955Estate Abolition Act 1951special legislation vs general legislationstatutory interpretationharmonious constructionper incuriamres judicataproperty vestingtrust estatequasi‑judicial functionjurisdiction of Tahsildar
Judgment
[2015] 15S.C.R.46
A SRI JAGANNATH TEMPLE MANAGING COMMITTEE
v.
SIDDHA MATH & ORS.
(Civil Appeal No. 7729 of 2009)
B
DECEMBER 16, 2015
[V. GOPALA GOWDA AND C. NAGAPPAN, JJ.]
Sri Jagannath Temple Act, 1955 - ss. 2, 5, 33 - Orissa
C Estate Abolition Act, 1951 - s.2(oo), 3, 3A- Estate of Shri
Jagannath Mahaprabhu Bije Puri- Vesting of- Issuance of
notification dated 18.03.1974 u/s. 3A of the OEAAct by the
State Government whereby estate of Shri Jagannath vested
in State Government- Said notification upheld by this Court
D in the case of *Lord Jagannath - Thereafter, the temple filed
claim case for recording the lands in favour of Shree
Jagannath Mahaprabhu Bije, Puri, Temple Managing
Committee - OEA Collector and Tahsildar settled the suit
lands in favour of the Temple - Writ petition by respondent-
E Math challenging the said order on the ground that the lands
were accorded the status of 'amrutamanohi' and were
recorded as Trust Estate as defined u/s. 2(oo) - High Court
set aside the order of Tahsildar __: On appeal, held: Estate of
Lord Jagannath Mahaprabhu Bije, Puri vested in the Temple
F Management Committee - State Legislature had already
enacted the Temple Act, 1955 and vested the land belonging
to the Lord Jagannath Temple at Puri in the Temple
Management Committee by virtue of ss. 5 and 33 of the Act
of 1955 - Once the land already vested in the Temple
G Committee u/ss. 5 and 33 of the Act of 1955 which is a special
enactment to deal with the properties endowed to the Temple
Committee, the same could not have been divested by
applying the amended provisions-ss. 2(oo) and 3A of the OEA
Act, 1951-Proviso to s. 2(00), by which the estates belonging
H
46
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 47
SIDDHA MATH & ORS.
to the Temple of Lord Jagannath at Puri within the meaning A
of the Temple Act, 1955 are deemed to be Trust Estates is in
direct contravention of the provisions of the Temple Act, 1955,
and is struck down - Notification dated 18. 03. 1974, whereby
the estate of Lord Jagannath vested in the State Government
in view of the amended provision of the proviso to s. 2(oo) of B
the OEA Act, is quashed to that extent -Also, the Math did
not have the right to prefer claim in respect of the Temple
Lands and initiate the proceedings under the OEA Act by
virtue of being an intermediary - Furthermore, the decision
of this Court in the case of *Lord Jagannath does not bar the C
instant case by res judicata since the subject matter in the
two cases are not identical - Judgment in the case of *Lord
Jagan nath was passed only on consideration of the OEA Act,
and provisions of the Temple Act, 1955, which is the principal
0
Act that applies to the Lord Jagannath Temple, Puri were not
adverted to.
Interpretation of Statutes - Rule of harmonious
construction '- Held: Rule of harmonious construction must
be given effect to as far as possible - When the provisions of E
two statutes are irreconcilable, it needs to be decided as to
which provision must be given effect to - There is a clear
conflict between the proviso of s. 2(oo) of the OEA Act, 1951
and ss. 5 and 33 of the Temple Act, 1955 - Section 2(oo)
proviso in its entirety is not violative of the provisions of the ·F
Temple Act - Only the first part of the proviso is in
contravention of the Temple Act, 1955, and to that extent is
struck down and both the provisions would be able to operate.
Judgment- When per incuriam - Held: Judgment can G
be said to be per incuriam when it is passed in forgetfulness
or ignorance of a statute operating in that field- Decision of
this Court in the case of *Lord Jagannath, wherein this Court
upheld the validity of the notification dated 18. 03. 1974 in so
far as it pertains to the estate of Lord Jagannath is per- H
48 SUPREME COURT REPORTS [2015] 15 S.C.R.
A incuriam for non-consideration of the provisions of ss. 5 and
33 of the Temple Act, 1955.
Doctrines I Principles - Doctrine of stare decisis - Is
crucial to maintain judicial discipline - Decisions rendered
in ignorance of existing statutes and law laid down by this
8
Court cannot bind subsequent Benches of this Court.
Disposing of the appeals, the Court
HELD: 1.1 The first part of the proviso of Section
c 2(oo) of the Orissa Estate Abolition Act, 1951, which
pertains to the properties of Lord Jagannath Temple at
Puri is struck down. The notification issued by the State
Government under Section 3A of the OEA Act, 1951 is
quashed to the extent, it applies to the lands and estate
D of Lord Jagannath Temple at Puri. The striking down of
. the first part of the proviso to Section2(oo) and quashing
, of the notification would be prospective and this
judgment shall not be applicable to the settled claim of
the claimants hitherto under the provisions of the OEA
E Act of 1951 in so far as the lands of the Lord Jagannath
Temple at Puri are concerned. [Para 34] [1361-E-F]
2.1 The decision of this Court in the case of* Lord
Jagannath does not bar the instant case by res judicata.
F In the Lord Jagannath case, this Court was concerned
only with the validity of the vesting notification dated
18.03.1974, whereas in the instant case, the validity of
the order dated 30.11.1992 is examined, along with the
question whether land once vested for a particular
G purpose, namely, as property of Lord Jagannath can be
divested by operation of another legislation. Since the
subject matter of the two cases is not identical, the bar
of res judicata does not operate on the proceedings in
the instant case. It is well settled law that a qu~stion of·
H
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 49
SIDDHA MATH & ORS.
law can be raised at any time during the proceedings. A
[Para 15] [1334-G-H; 1335-G-H; 1336-A-B]
2.2 The decision of this Court in the case of Lord
Jagannath, wherein this Court upheld the validity of the
notification dated 18.03.1974 in so far as it pertains to B
the estate of Lord Jagannath is per-incuriam for non-
consideration of the provisions of Sections 5 and 33 of
the Temple Act, 1955 and the law laid down by this Court
as regards between the two State enactments, which
one will be the Special Act over other. While the. doctrine C
of stare decisis is crucial to maintain judicial discipline,
what cannot be lost sight of the fact-is that decisions
which are rendered in ignorance of existing statutes and
law laid down by. this Court cannot bind subsequent
Benches of this Court. It becomes clear that a judgment D
can be said to be per incuriam when it is passed in
forgetfulness or ignorance of a statute operating in that
field. The notification dated 18.03.1974 vested the estates
of Lord Jagannath, Puri in the State Government in view
of the amended provision ofthe proviso to Section 2(oo) E
of the OEAAct, 1951 inserted by way of an Amendment
in the year 1974. The judgment in the case of Lord
Jagannath was passed orily on consideration of the OEA
Act, 1951. The provisions of the Temple Act, 1955, which
is the principal Act that applies to the Lord Jagannath F
Temple, Puri were not adverted to at all. [Para 16] [1336-.
E-G; 1337-C-D]
*Lord Jagannath through Jagannath Singri
Narasingh Das Mahapatra Sridhar Panda and Ors G
v. State of Orissa 1989 (1) Suppl.Sec 553 : 1988
(3) Suppl. SCR 732 - per incuriam.
2.3 The Temple and the Math are two distinct legal
entities. The OEAAct, 1951 was enacted to provide for H
50 SUPREME COURT REPORTS [2015] 15 S.C.R.
A the abolition of all rights, title and interest in the land of
intermediaries and vesting the same in the State. Keeping
in view the growing irregularities in the management of
the affairs of the temple, the Temple Act, 1955 was
. enacted by the state, which received the assent of the
B President on 15.10.1955. As far as the Jagannath Temple
of Puri and its endowments are concerned, the
provisions of the Temple Act, 1955, being the special law,
take priority over the provisions of any other legislation
is accepted. Section 5 of the Temple Act, 1955 makes it
C clear that the properties and endowments of the Temple
stand statutorily vested in the Temple Committee. [Para
21] [1341-F-G; 1343-E]
2.4 It cannot be said that the provisions of the OEA
D Act, 1951 would apply to the land of the appellant Temple
Committee over the provisions of the Temple Act, 1955,
which is clearly the special legislation. A perusal of the
objects and reasons of the 1951 Act makes it clear that
the said amendment clearly encroaches upon the field
E of the Temple Act, 1955. The said amendment has been
enacted with a view to ensuring the proper performance
of traditional rites and rituals in the religious institutions.
As far as the Lord Jagannath Temple, Puri, the State
F Legislature had already enacted the Temple Act, 1955
and vested the land belonging to the Temple in the
Temple Management Committee by virtue of ss. 5 and
33 of the Act of 1955. The object of the Act was to provide
for better administration and governance of the affairs
G of the Temple and its properties. Thus, proviso to Section
2(oo) of the OEA Act, 1951, by which the estates
belonging to the Temple of Lord Jagannath, Puri within
the meaning of the Temple Act, 1955 are deemed to be
Trust Estates is in direct contravention and subversion ·
H of the provisions of the Temple Act, 1955. Even the
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 51
SIDDHAMATH & ORS.
submission that a subsequent legislation takes A
precedence over a prior decision is untenable in law.
[Para 22] [1345-D; 1346-A-E]
2.5 In the instant case, there is a clear conflict
between the proviso of Section 2(oo) of the OEA Act, B
1951 and Sections 5 and 33 of the Temple Act, 1955. It is
also clear that both the above statutory provisions of
the Acts cannot survive together. While the rule of
harmonious construction must be given effect to as far
as possible, when the provisions of two statutes are C
irreconcilable, it needs to be decided as to which
provision must be given effect to. In the instant case,
Section 2(oo) proviso in its entirety is not violative of the
provisions of the Temple Act. It is only the first part of
the proviso which is in contravention of the Temple Act, D
1955. If that part of the proviso continues to be given
effect, Sections 5 and 33 of the Temple Act, 1955, by
which the estates of Lord Jagannath Temple at Puri are
vested in the Temple Committee will lose their meaning.
By striking down Section 2(oo) proviso to that extent, E
both the provisions will be able to operate. [Para 23]
[1349-D-E; 1350-A-B]
2.6 The first part of the proviso of Section 2(oo) of
the OEAAct, 1951 cannot be allowed to sustain. Clearly, F
the intention of the legislature could not have been to
render virtually the entire Temple Act, enacted on the
specific subject, meaningless, by way of enacting a
proviso to Section 2(oo) of the OEA Act, 1951 as an
amendment in 1974, which is the general legislation in G
the instant case. Section 2(oo) of the OEAAct, 1951, thus,
to that extent requires to be struck down so that both
the OEAAct, 1951 as well as the Temple Act, 1955 can be
given due effec~ in their respective field of operation. In
H
52 SUPREME COURT REPORTS [2015] 15 S.C.R.
A exercise of the powers conferred under Article 142 of
the Constitution, this Court can pass any order as may
be "necessary for doing complete justice" in a case
before it. [Para 24] [1352-B-E]
B 2.7 Once a property is vested by an Act of
legislature, to achieve the laudable object, the same
cannot be divested by the enactment of any subsequent
general law and vest such property under such law.
Similarly, if in the instant case, the submissions on behalf
C of the respondent Math were accepted, then Sections 5
and 33 of the Temple Act, 1955would be rendered useless
and nugatory and thereby the laudable object and
intendment of the Temple Act would be defeated and the
interest of the public at large would be affected. Thus,
D the notification dated 18.03.1974 issued by the State
Government under Section 3-A of the OEA Act, 1951,
whereby the estate of Lord Jagannath Mahaprabhu Bije,
Puri vested in the State Government is quashed to that
extent. As a consequence, the order dated 30.09.1981
E passed by the OEA Tahsildar, who falls within the
inclusive definition of Collector in terms of Section 2 (d)
of the OEAAct, 1951, settling the land in favour of the
Mahantas of various Maths as Marfatdars of the Shri
Jagannath Mohaprabhu Bije, Puri is in violation of the
F provisions of the Temple Act, 1955 and is set aside. [Para
25] [1352-G-H; 1353-A·C]
3.1 The Form 'H' submitted in terms of the OEAAct,
1951 in Claim Case No. 58 of 1975 reveals that while
G Column 9-whether with respect to the lands in
possession of the applicant or his temporary lessee or
mortagagee on the date of vesting]" is marked as 'Self
Possession', and Column 11-lf in the possession of a
temporary lessee or mortgagee give full details of the
H
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 53
SIDDHAMATH & ORS.
lessee or mortgage, has been left blank. Therefore, the A
claim of the respondent Math and the basis of its claim
is not stated in the claim petition. In the absence of the
same, its claim as intermediary to prefer claim under
Sections 5, 6, 7, 8 of the OEA Act, 1951 before the
Tahsildar is wholly untenable in law. Further, the order, B
passed in OEA Claim Case filed by the respondent Math
to settle the lands in their favour has been passed by
the Tahsildar, Puri. S~ction 8-Aof the Act clearly provides
that the claims have to be filed before the Collector. The
submission that the definition of Collector in the OEA C
Act, 1951 is an inclusive one, and therefore he had the
authority to determine the rights of the respondent, ·
cannot be accepted. The proceedings under Section 8-
A are quasi judicial in nature. [Para 29] [1355-C-H]
D
3.2 A quasi judicial function cannot be delegated
and therefore, the inclusive reading of the definition of
Collector under Section 2(d) of the OEAAct, 1951 to also
include Tahsildar can be applied only as far as it pertains
to the discharge of administrative powers of the E
Collector. Since the Tahsildar performs only an
administrative function under the OEAAct, 1951 and not
a quasi judicial function, thus, .he was not competent to
pass the order of settlement of claim either under Section F
6 or 7 or 8 of the OEA Act, 1951. The vesting of the suit
lands in favour of the Math is bad in law. Further, once
the land already vested in the Temple Committee under
Sections 5 and 33 of the Temple Act, 1955 which is a
special enactment to deal with the properties endowed G
to the appellant Temple Committee, the same could not
haye been divested by applying the provisions of the
OEA Act, 1951 by way of an amendment to the Act by
insertion of Sections 2(oo) and 3A in the OEAAct, 1951, ·
as the operation of the said Act and the Temple Act, 1955 H
54 SUPREME COURT REPORTS [2015] 15 S.C.R.
A are in different fields and the objects and intendment of
. the abovementioned two Acts are entirely different.
[Paras 30, 31) [1356-C-D; 1357-B·D]
3.2 The point no. 1 being held in favour of the
B Temple, there was no need for the Temple Committee to
file claim proceedings under Section 8-A of the OEAAct,
1951, in respect of its own lands which were already
vested in it under Section 5 of the Temple Act, 1955. The
suit lands vest in the Temple Committee itself. Thus, in
C view of the provisions of the Temple Act, 1955, the
settlement of the suit lands in favour of the respondent
Math cannot be sustained, as it is bad in law. [Para 31)
[1360-C-D)
o 3.3 Since the provisions of the OEAAct, 1951 have
no application to the lands of the Lord Jagannath Temple
at Puri, there is no need to pass an order in favour of the
Temple under the OEAAct, 1951 as the suit lands were
already vested in favour of the Lord Jagannath Temple
E at Puri by virtue of the provisions of the Temple Act, 1955.
[Para 33) [1360-G-H]
Raja Bira Kishore Deb v. State of Orissa AIR 1964
SC 150; Mahant Shri Srinivas Ramanuj Das v.
Surjanarayan Das AIR 1967 SC 256 : 1966
F
SCR 436; State of Gujarat v. Mirzapur Moti Kureshi
Kassab Jamat (2005) 8 SCC 534 : 2005 (4 )
Suppl. SCR 582; R. Unnikrishnan v. V.K.
Mahanudevan (2014) 4 SCC 434 : 2014 (1 )
G SCR 350; Muncipa/ Corporation of Delhi v.
Gurnam Kaur(1989) 1SCC101 : 1988 (2) Suppl.
SCR 929; State of U.P v. Synthetics and
Chemicals Ltd. (1991) 4 SCC 139; Fuerst Day
Lawson Ltd. v. Jindal Exports Ltd. (2001) 6 SCC
H 356: 2001 (3) SCR 479; Sheodan Singh v. Daryao
SRI JAGANNATH TEMPLE MANAGING COMMITIEE v. 55
SIDDHA MATH & ORS.
Kunwar AIR 1966 SC 1332 : 1966 SCR 300; A
Syed Mohd. Salie Labbai & Ors. v. Mohd.Hanifa
& Ors. AIR 1976 SC 1569: 1976 (3) SCR 721;
National Textile Corporation Ltd. v. Naresh Kumar
Badrikumar Jagad (2011) 12 SCC 695 : 2012 (14)
SCR 472; U.P State Electricity Board & Anr. v. B
Hari Shankar Jain & Ors. (1978) 4 SCC 16 : 1979
( 2 ) SCR 355; Commercial Tax Officer, Rajasthan
v. Binani Cements Ltd. & Anr. (2014) 8 SCC 319
: 2014 (3) SCR 1; KC Gajapati Narayan Dea &
Ors. v. State of Orissa AIR 1953 SC 375: 1954 c
SCR 1; UC v. D. J. Bahadur AIR 1980 SC 2181
: 1981 (1) SCR 1083; Commercial Tax Officer v.
Binani Cements Ud. (2014) 8 SCC 319 : 2G14
(3) SCR 1; J.K. Cotton Spinning and Weaving
D
Mills Co. Ltd. v. State of U.P. (1961) 3 SCR 185;
Bharat Bihari Mishra v. State of Orissa 2012 (II)
OLR 968; Basanti Kumar Sahu v. State of Orissa
(1998) 8 SCC 722; Calcutta Gas Company Ltd.
v. State of West Bengal AIR 1962 SC 1044: 1962
E
Suppl. SCR 1 - referred to.
Case Law Reference
1988 (3) Suppl. SCR 732 ' referred to Para 1
AIR 1964 SC 150 referred to Para 6 F
1966 SCR 436 referred to Para 9
2005 (4) Suppl. SCR 582 referred to Para 11
2014 (1) SCR 350 referred to Para 11
1988 (2) Suppl. SCR 929. referred to Para 13 G
(1991) 4 sec 139 referred to Para 13
2001 (3) SCR 479 referred to Para 13
1966 SCR 300 referred to Para 15
H
56 SUPREME COURT REPORTS [2015] 15S.C.R.
A 1976 (3)"SCR 721 referred to Para 15
2012 (14) SCR 472 referred to Para 15
1979 (2) SCR 355 referred to Para 17
2014 (3) SCR 1 referred to Para 17
B 1954 SCR 1 referred to Para 21
1981 (1) SCR 1083 referred to Para 22
2014 (3) SCR 1 referred to Para 23
(1961) 3 SCR 185 referred to Para 23
c 2012 (II) OLR 968 referred to Para 29
(1998) 8 sec 122 referred to Para 30
1962 Suppl. SCR 1 referred to Para 31
CIVIL APPELLATE JURISDICTION : Civil Appeal No.
D 7729 of 2009
From the Judgment and Order dated 07.07.2009 of the
High Court of Orissa at Cuttack in OJC No. 2421 of 2000
WITH
Civil Appeal Nos. 7730 of 2009, 142, 221, 2981, 3414,
E 3415, 3446 and 9627 of 2010 and 14631-14632 of 2015.
H.P. Raval, J. K. Das, M. L. Varma, M.·L. Verma, Sr.
Advs., S. K. Das, Swetaketu Mishra, Anando Mukherjee, Ms.
Divya Anand, Nipun Saxena, Anirush Sharma, V. K. Monga,
F Sandeep Das, Shibashish Misra, Ashish Kumar Sinha, Radha
Shyam Jena, Vinoo Bhagat, Rutwik Panda, Anshu Maiik,
Rajdipa Behura, V. S. Lakshmi, A. Venayagam Balan, Atul
Kumar, A. Mukherjee, Ms. Gargi Tuli, Pulak Bagchi, S. K.
Verma, Rakesh Kumar Gupta, Satya Mitra, Kunal Verma,
G Prasanna Mohan, Ms. Keki Vajpei, Ms. Rajdipa Behura, V. S.
Lakshmi, Ashok Panigrahi, Sibo Sankar Mishra, Raj iv S. Roy,
Pranab Kumar Mullick, A. Jyoti Chatterjee, Sukumar, Soma
Mullick, Jayasree Saha Chatterjee, Abhijit S. Roy, Sebat
Kumar Deuria, C. K. Sasi, Advs. for the appearing parties.
H
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 57
SIDDHA MATH & ORS.
The Judgment of the Court was delivered by A
V. GOPALA GOWDA, J. 1. Leave granted in the Special
Leave Petitions.
2. The present appeals arise out of the impugned
judgment and order dated 07.07.2009 passed in Original B
Jurisdiction Case No. 2421 of 2000 and other Writ Petitions
which were disposed of in terms of the judgment dated
07 .07 .2009 by the High Court of Orissa at Cuttack, whereby
the High Court allowed the Writ Petitions filed by the
respondents he~ein and held that as the disputed land was C
earlier settled in the name of Shri Jagannath Mahaprabhu Bije
Puri, Marfat Siddha Brundaban Ramanuj Das and thus; the
subsequent settlement made in favour of the Temple Managing
Committee in OEA Claim Case No. 68/90 was without
jurisdiction.
D
3. As the facts in all the appeals are common, for the
sake of corivenience, we refer to the facts of Civil Appeal No.
7729 of 2009, which are stated inbrief hereunder: ,
E
The present case revolves around the ancient temple of
Lord Jagannath of Puri. The lands in question have been
accorded the status of 'amrutamanohi' properties. On
18.03.1974, the State Government of Orissa issued a
notification under Section 3-A of the Orissa Estate Abolition F
Act, 1951 (hereinafter referred to as the "OEA Act, 1951 "),
whereby the estate of Lord Jagannath Mahaprabhu Bije, Puri
vested in the State Government. The vesting notification was
challenged by the Temple before the High Court of Orissa in
Original Jurisdiction Case No. 233 of 1977. The High Court G
rejected the claim of the Temple. The same was upheld by this
Court vide its judgment in the case of Lord Jagannath
through Jagannath Singri Narasingh Das Mahapatra
Sridhar Panda and Ors v. State of Orissa 1• We will advert to
'1989 (1) Suppl.sec 553 H
58 SUPREME COURT REPORTS [2015] 15 S.C.R.
A this judgment in detail at a later part of this judgment. The State
Government of Orissa subsequently issued a notification dated
18.04.1989 and extended the time for filing claims under
Section 8-Aofthe OEAAct, within which the Temple filed Claim
Case No. 68 of 1990 for recording the lands in question in
B favour of Shree Jagannath Mahaprabhu Bije, Puri, Marfat
Shree Jagannath Temple Managing Committee. Vide order
dated 30.11.1992, the OEA Collector and Tahsildar, Puri
observed that the suit lands in question have been recorded
in the name of Shri Jagannath Mahaprabhu Bije, Srikhetra,
C and accordingly settled the suit lands in favour of the Temple.
In the year 2000, the respondent-Math filed a Writ Petition
before the High Court of Orissa at Cuttack in Original
Jurisdiction Case No. 2421 of 2000, challenging the order of
the Tahsildar dated 30.11.1992 on the ground that the lands in
0
question have been accorded the status of 'amrutamanohi'
and that they were recorded as Trust Estate as defined under
Section 2(oo) of the OEAAct, 1951 and that lands had wrongly
been settled in favour of the Temple. The High Court by the
E impugned judgment dated 07.07.2009 set aside the order of
the Tahsildar dated 30.11.1992 and held as under:
"...... it is seen in the instant case, the property has been
dedicated as Amrutmonahi to Lord Sri Jagannath of
Puri and the marfatdar of the property is Mahanta
F
Siddha Brundaban Ramanuj Das. Thus, the property is
attached with a charge of rendering service to Lord
Jagannath by using the usufructs thereof as food offering
. to Lord Jagannath by using the usufructs threof as food
offering to Lord Jagannath. It is further found that on the
G
above analysis, the property cannot be held to be under
the control of the administrator of Shri Jagannath Temple
but is a trust property attached with a charge and the
trustee has to fulfil the wish of the dedicator of the said
H property by offering the usufructs to Lord Jagannath as
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 59
SIDDHAMATH & ORS. [V. GOPALA GOWDA, J.]
food offering. However, since the trustee/marfatdar is A
the Mahanta of Siddha Math, it cannot be said that the
math has absolutely no interest over the said property
just because it is recorded as Amrutmonohi. Applying
the ratio of the decision in the case of Mahanta Shri
Srinivas Ramanuj Das (supra) of the Supreme Court, it B
is seen that the Siddha Math is an institution, which
comes within the definition of 'Math' as given in section
3 (vii) of the Orissa Hindu Religious Endowments Act,
1951. The property involved in this Writ Petition comes
within the definition of"Trust Estate" as defined in section C
2(oo) of the O.E.A Act and vested in the State
Government pursuant to the notification made under
Section 3-Aofthe O.E.AAct issued on 18.03.1974. It is
also an admitted position that upon such vesting, the D
· intermediary had a right to make an application under
sections 6 and 7 of the O.E.AAct. As a matter of fact,
as stated earlier, such application was made by the
marfatdar of the property, i.e Mahanta of Siddha Math
and the land was settled in the name of Shri Jagannath E
Mohaprabhu Bije, Puri marfat Mahanta Siddha
Brundaban Ramanuj Das. Hence there was no scope
for the administrator of Shri Jagannath Temple to make
a subsequent application under sections 6 and 7 of the
O.E.AActforre-settlementofthe land and the impugned F
order dated 30.11.1992 having been passed without
jurisdiction cannot be sustained and the said order is
accordingly quashed."
Hence, the present appeals have been filed by the appellant G
Temple and State Government and others.
4. We have heard the learned senior counsel for both,
the parties. We have also heard Mr. Vinoo Bhagat, the learned
counsel appearing on behalf of the Math in the C.As. @
H
60 SUPREME COURT REPORTS [2015] 15 S.C.R.
A Special Leave Petition (Civil) Nos. 9167-9168 of 2010 and
Ms. V.S. Lakshmi, learned counsel appearing on behalf of the
Math in .C.A. No. 9627 of 2010. On the basis of the factual
evidence on record produced before us, the circumstan.ces of
the case and also in the light of the rival legal contentions urged
B by the learned senior counsel for both the parties, we have
broadly framed the following points which require our attention
and consideration:-
1) Whether the suit lands can vest in the respondent
c Math in the light of the provisions of the Shri
Jagannath Temple Act, 1955?
2) Whether even otherwise, the Math had the right to
prefer claim rights in respect of the Temple Lands
and initiate the proceedings under the OEAAct,
D 1951 by virtue of being an intermediary?
3) What order?
Answer to Point No.1
E 5. At the outset, before we advert to the rival legal
contentions of the learned senior counsel appearing on behalf
of both the parties, it is important for us to examine the
provisions of the relevant Acts, as well as the previous
judgments of this Court on the issue. There are two important
F acts which operate in the instant case. The first is the Shri
Jagannath Temple Act, 1955 (hereinafter referred to as the
"Temple Act, 1955"). The long title of the Act reads as follows:
"An Act to provide for better administration and
·G governance of Shri Jagannath Temple at Puri and its
endowments."
The Preamble of the Temple Act, 1955 states as under:
"Whereas the ancient Temple of Lord Jagannath of
H Puri has ever since its inception been an institution of
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 61
SIDDHAMATH & ORS. [V. GOPALA GOWDA, J.)
unique national importance in which millions of Hindu A
devotees from regions far and wide have reposed their
faith and belief and have regarded it as the epitome of
their tradition and culture.
And whereas by Regulation IV of 1809 passed by the B
Governor-General in Council on 28th April, 1809 and
thereafter by other laws and regulations and in
pursuance of arrangement entered into with the Raja of
Khurda, later designated the Raja of Puri, the said Raja
came to be entrusted hereditary with the management c
of the affairs of the Temple and its properties as
Superintendent subject to the control and supervision
of the ruling power;
And whereas in view of grave and serious irregularities
thereafter Government had to intervene on various D
occasions in the past; And whereas the administration
under the Superintendent has further deteriorated and
a situation has arisen rendering it expedient to
reorganize the scheme of management of the affairs of
the Temple and its properties and provide better E
administration and governance therefore in
supersession of all previous laws. regulations and
arrangements, having regard to the ancient customs and
usages and the unique and traditional nitis and rituals F
contained in the Record-of-Rights
. prepared under the-
Puri Shri Jagannath Temple (Administration)Act, 1952
(OrissaActXIVof 1952) ............ "
(emphasis laid by this Court)
Section 2 of the Temple Act, 1955 bars the operation of the G
Orissa Hindu Religious Endowments Act, 1951 on the Temple,
and reads as follows:
"2 (1): The provisions of the Orissa Hindu Religious
Endowments Act, 1951 (Orissa Act 2 of 1952) shall H
62 SUPREME COURT REPORTS [2015] 15 S.C.R.
A cease to apply to the said Temple except with respect
to actions taken, things done and contributions levied
and the same shall be deemed to have been validly
taken, done and levied as if this Act had not been
passed:
B
(2) All laws, regulations and other enactments passed
for the purpose of providing for the management of the
affairs of the Temple and its properties and all deeds
executed in favour of and all arrangements entered into
c for the said purpose with the Raja of Khurda or the Raja
of Puri, as the case may be, prior to the commencement
of this Act, in so far as such enactments, deeds or
arrangements are inconsistent with the provisions of this
Act, shall cease to have any effect."
D
Section 5 of the Temple Act, 1955 provides for the setting up
of a Temple Managing Committee as under:
"5. Notwithstanding anything in any other law for the time
being in force or custom, usage or contract, Sanad,
E
deed or engagement, the administration and the
governance c:if the Temple and its endowments shall vest
in a Committee called the Shri Jagannath Temple
Managing Committee constituted as such by the State
Government, and it shall have the rights and privileges
F
in respect thereof as provided in Section 33."
Section 30 of the Temple Act, 1955 grants power of general
superintendence of the Temple and its endowments to the State
Government which may pass orders for the maintenance and
G administration of the temple, which reads as under:
"30. (1) Subject to the provisions of this Act the general
superintendence of the Temple and its endowments shall
vest in the State Government which may pass any orders
H that may be deemed necessary for the proper
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 63
SIDDHA MATH & ORS. [V. GOPALA GOWDA, J.]
maintenance or administration of the Temple or its A
endowments or in the interest of the general public
worshipping in the Temple."
Section 33 of the Temple Act, 1955 empowers the Committee
to be in possession of all the moveable and immoveable B
properties belonging to the Temple. It reads as under:
"33. (1) The Committee shall be entitled to take and be
in possession of all movable and immovable properties
including the Ratna Bhandar and funds and jewelries, C
records, documents and other assets belonging to
Temple."
. 6. A Constitution Bench of this Court had the occasion
to examine the provisions of the Temple Act, 1955 in detail,
0
while adjudicating upon its constitutional validity in the case of
Raja Bira Kishore Deb v. State of Orissa 2• Wanchoo, J.,
speaking for the bench observed as under:
"This review of the provisions of the Act shows that
broadly speaking the Act provides for the management E
of the secular affairs of the Temple and does not
interfere, with the religious affairs thereof, which have
to be performed according to the record of rights
prepared under the Act of 1952 and where there i s
no such record of rights in accordance with custom and F
usage obtaining in the Temple. It is in this background
that we have to consider the attack on the
constitutionality of the Act."
After adverting to the history of the administration of the Temple, G
it was also held:
"Finally the preamble says that the administration under
the superintendent has further deteriorated and a
2
AIR 1964 SC 1501 H
64 SUPREME COURT REPORTS [2015] 15 S.C.R.
A situation has arisen rendering it expedient to reorganize
the scheme of management of the affairs of the Temple
and its properties and provide better administration and
governance therefore in supersession of all previous
laws. regulations and arrangements. having regard to
B the ancient customs and usages and the unique and
traditional nitis and rituals contained in the record of
rights prepared under the 1952 Act. So for all these
reasons the appellant was removed from the sole
superintendence of the Temple and a committee was
c appointed bys. 6 of the Act for its management."
(emphasis laid by this Court)
A perusal of the provisions of the Act and the decision of this
Court in the case of Raja Bira Kishore Deb referred to supra
D clearly shows that as far as Shri Jagannath Temple of Puri is
concerned, the position of law is that all the endowments and
properties belonging to the Temple vest in the Shri Jagannath
Temple Managing Committee.
E 7. We now turn our attention to the OEAAct, 1951. The
Act received the assent of the President on 23.01.1952. The
long title of the Act reads as follows:
"An act to provide for the abolition of all the rights, title
and interest in land of intermediaries by whatever name
F known, including the mortgagees and lessees of such
interest, between the raiyat and the state of Orissa, for
vesting in the said state of the said right, title and interest
and to make provision for other matter connected
therewith ...... "
G
All estates of the intermediaries were thus, abolished and by
way of a notification, stood vested in the State Government.
Section 2(oo) of the OEAAct, 1951 (which was ins.erted by
way of an Amendment in 1974) defines a Trust Estate as under:
H
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 65
SIDDHAMATH & ORS. [V. GOPALA GOWDA, J.]
'"trust estate' means an estate the whole of the net A
income whereof under any trust or other legal obligation
has been dedicated exclusively to charitable or religious
purposes of a public nature without any reservation of
pecuniary benefit to any individual :
B
Provided that all estates belonging to the Temple of Lord
Jagannath at Puri within the meaning of the Shri
Jagannath Temple Act. 1955 and all estates declared
to be trust estates by a competent authority under this
Act prior to the date of coming into force of the Orissa c
Estates Abolition (Amendment) Act, 1970 shall be
deemed to be trust estates."
(emphasis laid by this Court)
Section 3 of the OEA Act, 1951 provides for vesting of an D
estate in the State by way of a notification as under:
"3. Notification vesting an estate in the State- (1)
The State Government, may from time to time by
notification, declare that the estate specified in the E
notification has passed to and become vested in the
State free from all encumbrances."
"(3) Such publication shall be conclusive evidence of
the notice of the declaration to everybody whose interest
is affected by it." F
8. Section 2(oo)was inserted byway of an amendment
on 26.02.1974. On 18.03.1974, a notification was issued by
the State Government under Section 3-A whereby the estate
of Lord Jagannath vested with the State Government. The G
validity of the notification was challenged, which came for
consideration before a Division Bench of this Court in the case
of Lord Jagannath referred to supra. This Court upheld the
validity of the notification declaring the estate of Lord Jagannath
as 'trust estate' after giving the reasons as follows: H
66 SUPREME COURT REPORTS [2015] 15 S.C.R.
A "It is true that an order was passed under s.13-G
declaring the petitioner's estate as a trust estate" and
further by the insertion of clause (oo) in s 2 the
petitioner's estate continued to be a 'trust estate'', but
the question is as to what is the legal effect flowing from
B such a declaration This aspect is dealt within s.13-1,
which is quoted as under (omitting sub-section (2) which
is not relevant in the present context):
"13-1. Effect of orders passed under section 13-G: (I)
C All estates declared under this Chapter to be trust
estates by the Tribunal or the High Court, as the case
may be; shall he deemed to have been excluded
from the operation of the vesting notification and never
to have vested in the State in pursuance thereof."
D
It is manifest from the language of the Section that it
saves a "trust estate" so declared under s.13-G from
the operation of a notification issued under s. 3 or 3-A,
but does not extend the benefit any further The provisions
E do not confer protection from the Act itself and cannot
be interpreted to clothe it with a permanent immunity
from being vested by a later notification issued under
the Act Such an estate could be vested in the State of
Orissa by a subsequent notification was made clear by
F clause (b) of s 13-K which reads as follows:
'(a) ...
(b)nothing in this Chapter shall be deemed to debar
the State Government from vesting any trust estate by
G
the issue of a notification under Section 3.'
Sections 7-A, 8-A, 8-D and X-E of the Act include special
provisions for a trust estate and unmistakably indicate
that trust estates" are within the purview of the Act. The
H
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 67
SIDDHA MATH & ORS. [V. GOPALA GOWDA, J.]
benefit they receive from a declaration under s.13-G is A
limited and referable only to a vesting notification issued
earlier. There is thus, no merit in the argument of the
learned counsel for the appellant that the petitioner's
estate could not be vested in the State by a notification
issued subsequently." B
It is important to note at this stage that while upholding the
validity of the notification, this C9urt did not advert to the
provisions of the Temple Act, 1955 at all.
c
9. Another judgment of this Court which is important to
be examined is the Constitution Bench decision in the case of
Mahant Shri Srinivas Ramanuj Das v. Surjanarayan Das3,
which examined the nature of 'amrutamanohi'properties.
10. Mr. M. L. Varma, the learned senior counsel D
appearing on behalf of the respondent Math contends that the
· controversy in the instant case is squarely covered by two
judgments of this Court, the Division Bench judgment in the
case of Lord Jagannath and the Constitution Bench judgment E
in the case of Surjanarayan Das referred to supra. The
learned senior counsel places strong reliance on the following
paragraphs of the decision in the case of Surjanarayan Das
(supra):
"40. We may now consider the properties in schedule F
Kha said to be the Amruta Monohi properties of Lord
Jagannath and held by the plaintiff as marfatdar. The
plaintiff alleges that these properties were acquired
either by purchase or 'krayadan' or by way of gift subject G
to a charge of some offering to Lord Jagannath which
depended upon the individual judgment and discretion
of the plaintiff, and that the public had no concern with
the enjoyment or management of the usufruct thereof.
3 AIR 1967 SC 256
H
68 SUPREME COURT REPORTS [2015) 15 S.C.R.
A The Gazetteer makes a reference to such properties
and states:-
'Both Saiva and Vaishnava Maths exist in Puri. The
lands of the latter are known asAmruta Manohi (literally
B nectar food), because they were given with the
intention that the proceeds thereof should be spent in
offering bhoga before Jagannath and that the
Mahaprasad thus.obtained should be distributed
among pilgrims, beggars and ascetics; they are
c distinct from the Amrut Manohi lands of the Temple
itself which are under the superintendence of the Raja.'
This statement makes it clear that lands endowed to
the temple of Lord Jagannath are distinct from the lands
D or property endowed to the Vaishnava Maths for the
purpose of utilising the proceeds of those properties
for offering bhoga before Lord Jagannath and the
subsequent distribution of that Mahaprasad among
pilgrims, beggars and ascetics, presumably visiting the
E Math, or approaching its authorities for a po.rtion of the
Maha Prasad. The mere fact that the proceeds of the
properties were to be so used, would not justify the
conclusion that these properties were not endowed to
the Maths but were endowed to the temple of Lord
F Jagannath. Properties endowed to the temple of Lord
Jagannath were. according to this statement. in the
Gazetteer. not under the superintendence of any Math
or Mahant but under the superintendence of the Raja of
Puri himself.
G
41. As already stated, these Amrut Manohi properties
are properties which are endowed to the Math by the
devotees for a particular service, which is done to Lord
Jagannath by the Mahant on behalf of the Math. The
H properties are therefore properties endowed to the Math
SRI JAGANNATH TEMPLE MANAGING COMMITIEE v. 69
SIDDHA MATH & ORS. [V. GOPALA GOWDA, J. ]
and not merely gifted to the plaintiff or, as had been A
suggested, to Lord Jagannath."
(emph~sis laid by this Court)
11. The learned senior counsel contends that since an
B
earlier decision of this Court already covers the controversy in
the instant case, the same is binding on the parties as well as
this Court and this Court should respect the principle of stare
decisis. He further contends that the judgments delivered in
the case of Surjanarayan Das and Lord Jagannath have C
held field since 1967 and 1989, respectively. The learned
senior counsel places reliance on a seven judges Bench
decision of this Court in State of Gujarat v. Mirzapur Moti
Ku res hi Kassab Jamat, 4 wherein, while examining the scope
of the doctrine of stare decisis, it was held as under: .o
"111. Stare decisis is a Latin phrase which means "to
stand by decided cases; to uphold precedents; to
maintain former adjudication". This principle is
expressed in the maxim "stare decisis et .non quieta E
movers" which means to stand by decisions and not to
disturb what is settled. This was aptly put by Lord Coke
in his classic English version as "Those things which
have been so often adjudged ought to rest in peace".
However, according to Justice Frankfurter, the doctrine F
of stare decisis is not "an imprisonment of reason"
(Advanced Law Lexicon, P. Ramanatha Aiyer, 3rd
Edition 2005, Volume 4, p. 4456). The underlying logic
of the doctrine is to maintain consistency and avoid
uncertainty. The guiding philosophy is that a view which G
has held the field for a long time should not be disturbed
only because another view is possible.
xxx xxx xxx
• (zoos) a sec 534 H
70 SUPREME COURT REPORTS (2015] 15 S.C.R.
A 119. Sir John Salmond, while dealing with precedents
and illustrating instances of departure by the House of
Lords from its own previous decisions, states it to be
desirable as 'it would permit the House (of Lords) to
abrogate previous decisions which were arrived at in
B different social conditions and which are no longer
adequate in present circumstances. This view has been
succinctly advocated by Dr. Goodhart who said: "There
is an obvious antithesis between rigidity and growth,
and if all the emphasis is placed on absolutely binding
c cases then the law looses the capacity to adapt itself to
the changing spirit of the times which has been
described as the life of the law". This very principle has
been well stated by William O' Douglas in the context of
constitutional jurisprudence. He says: "So far as
D
constitutional law is concerned, stare decisis must give
way before the dynamic component of history. Once it
does, the cycle starts again"."
The learned senior counsel further places reliance on the
E judgment of this Court in the case of R. Unnikrishnan v. V.K.
Mahanudevan 5 , wherein it was held as under:
"19. It is trite that law favors finality to binding judicial
decisions pronounced by Courts that are competent to
deal with the subject matter. Public interest is against
F
individuals being vexed twice over with the same kind
of litigation. The binding character of judgments
pronounced by the Courts of competent jurisdiction has
always been treated as an essential part of the rule of
G law which is the basis of the administration of justice in
this country. We may gainfully refer to the decision of
Constitution Bench of this Court in the Daryao v. State
of U.P. where the Court succinctly summed up the law
in the following words:
H • (2014) 4 sec 434
SRIJAGANNATHTEMPLEMANAGINGCOMMITIEE v. 71
SIDDHA MATH & ORS. [V. GOPALA GOWDA, J.]
'It is in the interest of the public at large that a finality A
should attach to the binding decisions pronounced by
Courts of competent jurisdiction, and it is also in the
public interest that individuals should not be vexed
twice over with the same kind of litigation. The binding
character of judgments pronounced by courts of B
competent jurisdiction is itself an essential part of the
rule of law, and the rule of law obviously is the basis of
the administration of justice on which the Constitution
lays so much emphasis.'
c
20. That even erroneous decisions can operate as res-
judicata is also f.airly well settled by a long line of ·
decisions rendered by this Court. In Mohanlal Goenka
v. Benoy Kishna Mukherjee this Court observed:
D
'There is ample authority for the proposition that even
an erroneous decision on a question of law operates
as 'res judicata' between the parties to it. The
correctness or otherwise of a judicial decision has no
bearing upon the question whether or not it operates E
as 'res judicata.'
21. Similarly, in State of West Bengal v. Hemant Kumar
Bhattacharjee this Court reiterated the above principles
in the following words: F
'A wrong decision by a court having jurisdiction is as
much binding between the parties as a right one and
may be superseded only by appeals to higher tribunals
or other procedure like review which the law provides.' G
22. The recent decision of this Court in Kalinga Mining
Corporation v. Union of India is a timely reminder of the
very same principle. The following passage in this
regard is apposite:
H
72 SUPREME COURT REPORTS (2015] 15 S.C.R.
A 'In our opinion, if the parties are allowed to reagitate
issues which have been decided by a court of
competent jurisdiction on a subsequent change in the
law then all earlier litigation relevant thereto would
always remain in a state of flux. In such circumstances,
B every time either a statute or a provision thereof is
declared ultra vires, it would have the result of
reopening of the decided matters within the period of
limitation following the date of such decision."
C 12. The learned senior counsel contends that the decision
rendered by this Court in the case of Lord Jagannath referred
to supra cannot be wished away by brariding it as per incuriam.
It is an extremely serious matter to contend that a judgment is
per incuriam. It is contended that in order to render a judgment
D per incuriam, it must be first shown that the oversight or
inadvertence is a glaring and obtrusive omission.
13. Mr. Harin P. Raval, the learned senior counsel
appearing on behalf of the appellant Temple Committee, on
E the other hand, contends that the decision of this Court in the
case of Lord Jagannath referred to supra is per incuriam as
it was passed in ignorance of the Temple Act, 1955. The
learned senior counsel contends that the judgment does not
even notice Section 5 of the Temple Act, 1955. The judgment
F was passed only on considering the provisions of the OEA
Act, 1951. The judgment held that it cannot be said that the
estate of Lord Jagannath could not be vested in the State
government by a notification issued subsequently. The learned
senior counsel contends that the OEAAct, 1951 is an Act which
G was principally enacted for the purpose of abolishing all rights
in land of "intermediaries" between the Raiyats and the state
by whatever name known and for the vesting of the same in
the state. It could thus, only divest the intermediaries of its rights
in land by vesting it in the State but cannot affect the statutory
H
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 73
SIDDHA MATH & ORS. [V. GOPALA GOWDA, J.]
vesting of all endowments in the managing committee under A
Section 5 of the Temple Act, 1955. Thus, the provisions of the
OEAAct, 1951 even by way of insertion of Section 3Aand the
issue of a subsequent notification cannot divest the absolute
ownership of the endowments of the Temple. The learned
"Senior counsel submits that the endowments vested in the B
managing committee and hence it ceased to be an
intermediary interest and became the absolute vested property
of Lord Jagannath. The learned senior counsel contends that
a decision given in ignorance of a statute or a rule having the
force of a statue can be held to be per incuriam, as was held C
by a three Judge Bench of this Court in the case of Muncipal
Corporation of Delhi v. Gurnam Kaur. The learned senior
counsel further places reliance on another decision of this
Court in the case of State of U.P v. Synthetics and
0
Chemicals Ltd.,7 wherein the principle of per incurJam was
discussed as under:
'"lncuria literally means 'carel'essness'. In practice per
in curium appears to mean per ignoratium.' English
Courts have developed this principle in relaxation of the E
rule of stare decisis. The 'quotable in law' is avoided
and ignored if it is rendered, in ignoratium of a statute
or other binding authority' (Young v. Bristol Aeroplane
Ltd.). Same has been accepted, approved and adopted
by this Court while interpreting Article 141 of the F
Constitution which embodies the doctrine of precedents
as a matter of law. In Jaisri Sahu v. Rajdewan Dubey,
this Court while pointing out the procedure to be followed
when conflicting decisions are placed before a Bench G
extracted a passage from Halsbury Laws of England
incorporating one of the exceptions when the decision
of an Appellate Court is not binding."
• (1989) 1 sec 101
1
(1991) 4 sec 139 H
74 SUPREME COURT REPORTS [2015] 15 S.C.R.
A The learned senior counsel further places reliance on the
decision of this Court in the case of Fuerst Day Lawson Ltd.
v. Jindal Exports Ltd., 8 wherein this Court examined the prior
decisions on the issue of per incuriam at length and arrived at
the following conclusion:
B
"23. A prior decision of this court on identical facts and
law binds the Court on the same points of law in a latter
case. This is not an exceptional case by inadvertence
or oversight of any judgment or statutory provisions
C running counter to the reason and result reached. Unless
it is a glaring case of obtrusive omission, it is not
desirable to depend on the principle of judgment 'per
incuriam'. It is also not shown that some part of the
decision based on a reasoning which was demonstrably
D wrong, hence the principle of per incuriam cannot be
applied ......... "
14. The learned senior counsel contends that in the Lord
Jagannath case, not only did the Court ignore the provisions
E of the Temple Act, 1955, it also ignored the decision of the
Constitution Bench in the case of Raja Kishore Deb referred
to supra, wherein this Court has held that the Lord Jagannath
Temple occupies a unique position in the State of Odisha and
is a temple of national importance and no other temple in that
F state can be compared with it. It stands in a class by itself and
with respect to be a subject of special consideration by the
State Government and thus requires special .treatment.
15. We are unable to agree with the contention advanced
G by Mr. M.L. Varma, the learned senior counsel appearing on
behalf of the respondent Math. The decision of this Court in
the case of Lord Jagannath (supra) does not bar the present
case by res judicata. The principle of res judicata, codified in
Section 11 of the Code of Civil Procedure has been examined
H • (2001) 6 sec 356
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 75
SIDDHA MATH & ORS. [V. GOPALA GOWDA, J.}
in a catena of cases by this Court. A Constitution Bench of this A
Court in Sheodan Singh v. Daryao Kunwar8, held as under:
"A plain reading of s, 11 shows that to constitute a matter
res judicata, the following conditions must be satisfied,
namely- (i) The matter directly and substantially in issue s
in the subsequent suit or issue must be the same matter
which was directly and substantially in issue in the former
suit; (ii) The former suit must have been a suit between
the same parties or between parties under whom they
or any of them claim; (iii) The parties must have litigated C
under the same title in the former suit; (iv) The court which
decided the former suit must be a court competent to
try the subsequent suit or the suit in which such issue is
subsequently raised; and (v) The matter directly and
substantially in issue in the subsequent suit must have D
been heard and finally decided by the Court in the first
suit."
The above legal principles laid down by this Court have been
reiterated in the case of Syed Mohd. Salie Labbai & Ors. v. E
Mohd.Hanifa & Ors. 10 , as under:
"....... it may be necessary to mention that before a plea
of res judicata can be given effect, the following
conditions must be proved-(1) that the litigating parties F
must be the same; (2) that the subject-matter of the su'it
also musf be identical; (3) that the matter must be finally
decided between the parties; and (4) that the suit must
.be decided by a court of competent jurisdiction."
G
In the Lord Jagannath case referred to supra, this Court was
concerned only with the validity of the vesting notification dated
18.03.1974, whereas in the instant case, it is the validity of the
9
AIR 1966 SC 1332
10
AIR 1976 SC 1569 H
76 SUPREME COURT REPORTS [2015] 15 S.C.R.
A order dated 30.11.1992 that is being examined, along with
the question whether land once vested for a particular purpose,
namely, as property of Lord Jagannath can be divested by
operation of another legislation. Since the subject matter of
the two cases is not identical, the bar of res judicata does not
B operate on the proceedings in the instant case. Further, it is
well settled law that a question of law can be raised at any
time during the proceedings. In the case of National Textile
Corporation Ltd. v. Naresh Kumar Badrikumar Jagad11, it
was held as under:-
c
"19. There is no quarrel to the settled legal proposition
that a new plea cannot be taken in respect of any factual
controversy whatsoever, however, a new ground raising
a pure legal issue for which no inquiry/proof is required
D can be permitted to be raised by the court at any stage
of the proceedings."
16. We agree with the contention advanced by the
learned senior counsel appearing on behalf of the appellant
E Temple Committee. Most respectfully, we opine that the
decision of this Court in the case of Lord Jagannath referred
to supra, wherein this Court upheld the validity of the notification
dated 18.03.1974 in so far as it pertains to the estate of Lord
Jagannath is per-incuriam for non-consideration of the·
F provisions of Sections 5 and 33 of the Temple Act, 1955 and
the law laid down by this Court as regard!? between the two
State enactments, which one will be the Special Act over other.
While the doctrine of stare decisis is crucial to maintain judicial
discipline, what cannot be lost sight of the fact is that decisions
G which are rendered in ignorance of existing statutes and law
laid down by this Court cannot bind subsequent Benches of
this Court. In the case of Moti Kureshi.Jamatreferred to supra,
it was held as under:
H " (2011J12 sec 695
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 77
SIDDHA MATH & ORS. [V. GOPALA GOWDA, J.]
"112. The trend of judicial opinion, in our view, is that A
stare decisis is not a dogmatic rule allergic to logic and
reason; it is a flexible principle of law operating in the
province of precedents providing room to collaborate
with the demands of changing times dictated by social
needs, State policy and judicial conscience." B
It becomes clear from a perusal of the case law adverted to by
the learned senior counsel appearing on behalf of the appellant
Temple Committee that a judgment can be said to be per
incuriam when it is passed in forgetfulness or ignorance of a C
statute operating in that field. The notification dated
18.03.1974 vested the estates of Lord Jagannath, Puri in the
State Government in view of the amended provision of the
proviso to Section 2(oo) of the OEAAct, 1951 inserted byway
of an Amendment in the year 1974. The judgment in the case D
of Lord Jagannath was passed only on consideration of the
OEAAct, 1951. TheprovisionsoftheTempleAct, 1955, which
is the principal Act that applies to the Lord Jagannath Temple,
Puri were not adverted to at all.
E
17. We now turn our attention to the validity of the vesting
order dated 30.11.1992 passed by the Tahsildar of Puri in
O.E.A Claim Case No. 68 of 1990, by which the suit lands
were settled in favour of the Temple.
F
18. Mr. Harin P. Raval, the learned senior counsel
appearing on pehalf of the appellant Temple Committee
contends that in view of Section 5 of the Temple ACt, 1955
read with Sections 16 and 33 of the said Act, all endowments
of the temple, including the properties belonging to or given or G
endowed for the support of the Temple or given or endowed
for the performance of any service including the service of
offerings to the deity or charity connected therewith vest in
Temple Committee. The learned senior counsel contends that
the Temple Act, 1955 is a special legislation enacted by the H
78 SUPREME COURT REPORTS [2015] 15 S.C.R.
A State Government of Odisha and thus overrides any general
law enacted. The learned senior counsel contends that by
Section 5 of the said Act, the property vested in Temple
Committee. The vesting of the property in the Temple
Committee is statutory in nature by virtue of Section 5 of the
B Temple Act, 1955. He further contends that once land has been
vested with the State, the same is not available for vesting
again merely on the application of the amended provisions
inserted later in another Act. The learned senior counsel further
contends that the Temple Act, 1955 is a special law enacted
C by which the properties and endowments of Lord Jagannath
Temple, Puri stood statutorily vested in the Temple Committee.
The OEAAct, 1951, on the other hand, was enacted for the
purpose of abolishing all rights of 'intermediaries' between the
D raiyats and the State by whatever name known and for the
vesting of the same in the State. Thus, the provisions of the
OEAAct, even by way of insertion of Section 3A and the issue
of a subsequent notification cannot divest the absolute
ownership of the endowments of the Temple. The learned
E senior counsel contends that the endowments ve~ted in the
Temple Committee, and thus, ceased to be an intermediary
interest and became the absolute vested property of Lord
Jagannath. The learned senior counsel places reliance on the
judgment of this Court in the case of U.P State Electricity
F Board & Anr. v. Hari Shankar Jain & Ors. 12, wherein this
Court while holding that the provisions of a special statute must
prevail over those of a general statute held as under:
"8. The maxim "Generalia Specialibus non derogant" is
quite well known. The rule flowing from the maxim has
G
been explained in Mary Seward v. The Owner of the
'Vera Cruz" as follows:
Now if anything be certain it is this, that where there are
general words in a later Act capable of reasonable and
H 12
(1978) 4 sec 16
SRI JAGANNATH TEMPLE MANAGING COMMITIEE v. 79
SIDDHA MATH & ORS. [V. GOPALA GOWDA, J. ]
sensible application without extending them to subjects A
specially dealt with by earlier legislation, you are not to
hold that earlier and special legislation indirectly
repealed, altered, or derogated from merely by force of
such general words, without any indication of a
particular intention to do so. B
9. The reason for the rule that a general provision should
yield to a specific provision is this: In passing a Special
Act, Parliament devotes its entire consideration to a
particular subject. When a General Act is subsequently c
- passed, it is logical to presume that Parliament has not
repealed or modified the former Special Act unless it
appears that the Special Act again received
consideration from Parliament. ........ "
D
The learned senior counsel further places reliance on a more
recent judgment of this Court, in the case of Commercial Tax
Officer, Rajasthan v. Binani Cements Ltd. & Anr. 13, wherein
after adverting to a number of previous decisions on the aspect,
it was held as under: .E
"46. In Gobind Sugar Mills Ltd. v. State :>f_ Bihar this
• Court has observed that while deterri1ining the question
whether a statute is a general or a special one, focus
must be on the principal subject-matter coupled with a F
particular perspective with reference to the intendment
cf the Act. With this basic prindp:e in mind, the
provisions must be examined to find out whether it is
possible to construe harmoniously the two provisions. If
it is not possible then an effort will have to be mede to G
ascertain whethGr the legislature had intended to accord
a special treatment vis-a-vis the general entries and a
further endeavour will have to be made to find out
whether the specific provision excludes thi.: app!icabi!ity
"· (2014) s sec 319 'r.l
80 SUPREME COURT REPORTS [2015] 15 S.C.R.
A of the general ones. Once we come to the conclusion
that intention of the legislation is to exclude the general
provision then the rule "general provision should yield
to special provision" is squarely attracted.
B 4 7. Having noticed the aforesaid, it could be concluded
that the rule of statutory construction that the specific
governs the general is not an absolute rule but is merely
a strong indication of statutory meaning that can be
overcome by textual indications that point in the other
C direction. This rule is particularly applicable where the
legislature has enacted comprehensive scheme and
has deliberately targeted specific problems with specific
solutions. A subject specific provision relating to a
specific, defined and descriptable subject is regarded
D as an exception to and would prevail over a general
provision relating to a broad subject."
19. Mr. M.L. Varma, the learned senior counsel
appearing on behalf of the respondent Math, on the other hand,
Ii: contends that Section 5 of the Temple Act, 1955 only pertains
to the administration and governance of the Temple and its
endowments that vest in the committee. The Temple Act, 1955
was enacted because of serious irregularities in the
administration and governance of the Temple and its
F endowments and for reorganizing the scheme of management
of the affairs of the temple and its properties. Only what was
being managed by the Raja of Puri was taken over under the
Temple Act, 1955. The learned senior counsel places reliance
on B.K Mukherjea's 'The Hindu Law of Religious and
G Charitable Trust' and contends that the respondent Math is a
Vaishnava Math of Puri. The Math and the Jagannath Temple
have co existed for centuries. Each is a separate legal entity,
holding its properties separately and performing its religious
and other functions in accordance with religious customs and
H
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 81
SIDDHAMATH & ORS. [V. GOPALA GOWDA, J.]
usage. The Math and the Temple hold their own properties A
separately. Acquisition of property can be done only through
transfer or succession. The learned senior counsel contends
that the appellant Temple Committee has not produced any
evidence on record through which it could claim the ownership
over the property of the respondent Math. The learned senior B
counsel contends that the 'amrutamanohi' properties are
endowed to two different legal entities- the Temple and the
Math. Thus, it cannot be contended that the properties of the
Math belong to the Temple.
c
20. The learned senior counsel further contends that
Section 2(oo) of the OEAAct, 1951 which defines Trust Estate,
was inserted in the year 1974. Under the proviso, all estates
belonging to the temple of Lord Jagannath were deemed to
be trust estates. Thus, the estate of Lord Jagannath came to D
be vested in the State Government vide notification dated
18.03.1974. The amendments to the OEAAct, 1951 were
effected when the Temple Act, 1955 was in force. The learned
senior counsel contends that it is a well settled principle of law
that a subsequent legislation prevails over a prior legislation. E
21. We accept the contentions advanced by the learned
senior counsel appearing on behalf of the appellant Temple
Committee and are unable to agree with the contentions
advanced by the learned senior counsel appearing on behalf F
of the respondent Math. The Temple and the Math are two
distinct legal entities. The OEA Act, 1951 was enacted to
provide for the abolition of all rights, title and interest in the
land of intermediaries and vesting the same in the State. The
Act was thus meant to abolish the interest of the intermediaries G
in the land. A Constitution Bench of this Court, upholding the
constitutional validity of the Act in the case of K. C Gajapati
Narayan Deo & Ors. v. State of Orissa 14 held as under:
14
AIR 1953 SC 375
H
82 SUPREME COURT REPORTS [2015] 15S.C.R.
A 'The primary purpose of the Act is to abolish all zamindari
and other proprietary estates and interests in the State
of Orissa and after eliminating ail the intermediaries. to
bring the ryots or the actual occupants of the lands in
direct contact with the State Government. It may be
8 convenient here to refer briefly to some of the provisions
of the Act which are material for our present purpose.
The object of the legislation is fully set out in the preamble
to the Act which discloses the public purpose underlying
it. Section 2(g) defines an "estate" as meaning any land
c held by an intermediary and included under one entry in
any of the general registers of revenue-paying lands and
revenue-free lands prepared and maintained under the
law for the time being in force by the Collector of a district.
The expression "intermediary" with reference to any
D
estate is then defined nnd it means a proprietor, sub-
~roprietor, landlord, land-holder... thikadar, tenure-
holder, under-tenure-hoider and includes the holder of
inam estate, jagir and maufi tenures and all ether
interests of sim:lar nature between tha ryot 3nd t!-:;; State.
Section 3 of the Act empowers the State Government
to declare, by notification, tr.at the esta~e described in
the notification has vested in the State free from all
encumbrances. Under section 4 it is open t0 the State
F Government, at any time before issuing such notif:cation,
to invite proposals from "intermeoinries" for surrender
of their estates and if such proposals are accepted, the
surrendered estate shall vest in the Government as soon
as the agreement embodying the terms of surrender is
G executed. The consequences of vesting either by issue
of notific3tion or as a result of surrehder are described
in detail in section 5 of the Act. It would be sufficient for
our present purpose to ·state that the primary
consequence is that al! lands comprised in the estate
H including communaJ lands, non-ryoti lands, waste lands,
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 83
SIDDHA MATH & ORS. [V. GOPALA GOWDA, J.]
trees, orchards, pasture lands, forests, mines and A
minerals, quarries rivers and streams, tanks, water
channels, fisheries, ferries, hats and bazars, and
buildings or structures together with the land on which
they stand shall, subject to the other provisions of the
Act, vest absolutely in the State Government free from B
all encumbrances and the intermediary shall cease to
have any interest in them."
(emphasis laid by this Court)
c
On the other hand, keeping in view the growing irregularities
in the management of the affairs of the temple, the Temple
Act, 1955 was enacted by the state, which received the assent
of the President on 15.10.1955. We agree with the contention
advanced by Mr. Harin P. Raval, the learned senior counsel D
appearing on behalf of the appellant Temple Committee that
as far as the Jagannath Temple of Puri and its endowments
' are concerned, the provisions of the Temple Act, 1955, being
the $pecial law, take priority over the provisions of any other
legislation. Section 5 of the Temple Act, 1955 makes it clear E
that the properties and endowments of the Temple stand
statutorily vested in the Temple Committee. The Constitution
Bench judgment in the case of Surjanarayan Das referred to
supra draws a distinction between the 'amrutamanohi'
properties of the Math and the Temple in the following terms: F
"40. The Gazetteer makes a reference to such properties
and states:-
"Both Saiva and Vaishnava Maths exist in Puri. The
G
lands of the latter are known asAmruta Manohi (literally
nectar food), because they were given with the
intention that the proceeds thereof should be spent in
offering bhoga before Jagannath and that the
Mahaprasad thus obtained should be distributed H
84 SUPREME COURT REPORTS [2015] 15 S.C.R.
A among pilgrims, beggars and ascetics; they are
distinct from theAmruth Manohi lands of the Temple
itself which are under the superintendence of the Raja".
This statement makes it clear that lands endowed to
B the temple of Lord Jagannath are distinct from the lands
or property endowed to the Vaishnava Maths for the
purpose of utilising the proceeds of those properties
for offering bhoga before Lord Jagannath and the
subsequent distribution of that Mahaprasad among
c pilgrims, beggars and ascetics, presumably visiting the
Math, or approaching its authorities for a portion of the
Maha Prasad. The mere fact that t~e proceeds of the
properties were to be so used, would not justify the
conclusion that these properties were not endowed to
D the Maths but were endowed to the temple of .Lord
Jagannath. Properties endowed to the temple of Lord
Jagannath were. according to this statement. in the
Gazetteer. not under the superintendence of any Math
or Mahant but under the superintendence of the Raja of
E Puri himself."
(emphasis laid by this Court)
22. The OEAAct, 1951 was enacted with a view to abolish
F the rights, title and interest of intermediaries in the land in the
State of Odisha. The Statement of Objects and Reasons of
the OEAAct, 1951 reads as under:
" ...... in the interest of the cultivators of the soil and for
the general, material and social advancement of the
G Province, it is necessary to remove all intermediaries
between the Government and the ryots. The general
consensus of opinion is that the zamindari system has
perpetuated assessment which has no relation to the
productive capacity of the land and has further led to
H
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 85
SIDDHAMATH & ORS. [V. GOPALA GOWDA, J.]
loss of contact between the Government and the actual A
cultivator and has acted as a break in agricultural
improvement. ..... It seems without a social change in
the existing system of land tenure no coordinated plan
of agricultural reconstruction can be undertaken with a
fair rent, fixity of tenure, proper maintenance of irrigation B
sources and consequent increases of crop yield and
extension of cultivation ....... "
(emphasis laid by this Court)
The OEA Act, 1951 was thus enacted with a view to protecting c
the interest of the cultivators of the soil and to do away with the
evils of the zamindari system. In the light of the same, it cannot
be said that the provisions of the OEAAct, 1951 will apply to
the land of the appellant Temple Committee over the provisions
of the Temple Act, 1955, which is clearly the special legislation D
in the instant case. At this stage., it is also crucial to examine
the statement of objects and reasons of the Amendment Act
of 1974 by virtue of which Section 2(oo) was inserted in the
OEAAct, 1951. It states as under:
"The Orissa·Estates Abolition Act, 1951 provides for E
the abolition of temporarily and permanently settled
zamindaris and other intermediary interests and tenures
in the State of Orissa. All estates except trust estates
have vested in the Government by virtue of notific;;ations F
issued in that behalf by the Government under the Act.
For carrying out the purposes of trusts efficiently and to
ensure proper performance of traditional rites and rituals
in the religious institutions when trust estates are vested
in the Government. ..... and that any land or building G
(being part of a trust estate) vested in the Government
maybe settled in certain circumstances with the person
who immediately before such vesting was an
intermediary in respect of such land or building."
(emphasis laid by this Court) H·
86 SUPREME COURT REPORTS [2015] 15 S.C.R.
A A perusal of the aforementioned objects and reasons makes
it clear that the said amendment clearly encroaches upon the
field of the Temple Act, 1955.
The said amendment has been enacted with a view to ensuring
B the proper performance of traditional rites and rituals in the
religious institutions. As far as the Lord Jagannath Temple at
Puri is concerned, the State Legislature had already enacted
the Temple Act, 1955 and vested the land belonging to the
Temple in the Temple Management Committee by virtue of
C Sections 5 and 33 of the Act of 1955. The object of the said
Act was to provide for better administration and governance
of the affairs of the Temple and its properties. Thus, proviso to ,
Section 2(oo) of the OEAAct, 1951, by which the estates
belonging to the Temple of Lord Jagannath at Puri within the
D meaning of the Temple Act, 1955 are deemed to be Trust
Estates is in direct contravention and subversion of the
provisions of the Temple Act, 1955. Further, even the contention
advanced on behalf of the respondent Math that a subsequent
legislation takes precedence over a prior decision is liable to
E be rejected as the same is not tenable in law. The same
becomes clear from the decision of this Court in the case of
U.P State Electricity Board referred to supra, wherein a three
judge bench had to adjudicate the operation of a subsequent
F general legislation in the following terms:
"We have already shown that the Industrial Employment
(Standing orders) Act is a Special Act dealing with a
Specific subject, namely the conditions of service,
enumerated in the Schedule, of workmen in industrial
G establishments. It is impossible to conceive that
Parliament sought to abrogate the provisions of the
Industrial Employment (Standing orders) Act embodying
as they do hard-won and precious rights of workmen
and prescribing as they do an elaborate procedure,
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 87
SIDDHAMATH & ORS. [V. GOPALA GOWDA, J.]
including a quasi-judicial determination, by a general, A
incidental provision like Sec. 79(c) of the Electricity
Supply Act. It is obvious that Parliament did not have
before it the Standing orders Act when it passed the
Electricity Supply Act and Parliament never meant that
the Standing orders Act should stand protanto re pealed B
by Sec. 79(c) of the Electricity Supply Act. We are clearly
of the view that the provisions of the Standing orders
Act must prevail over S. 79( c) of the Electricity Supply
Act, in regard to matters to which the Standing orders
Act applies." C
Further, Justice Krishna Iyer in the case of LIC v. D.J.
Bahadur15, while examining the difference between general
and special statutes held as under:
D
"In determining whether a statute is a special or a general
one, the focus must be on the principal subject matter
plus the particular perspective. For certain purposes,
an Act may be general and for certain other purposes it
may be special and we cannot blur distinctions when E
dealing with finer points of law. In law, we have a cosmos
of relativity not absolutes-so too in life. The ID Act is a
special statute devoted wholly to investigation and
settlement of industrial disputes which provides
definitionally for the nature of industrial disputes coming F
within its ambit. It creates an infrastructure for
investigation into, solution of and adjudication upon
industrial disputes. It also provides the necessary
machinery for enforcement of awards and settlements.
From alpha to omega the ID Act has one special G
mission-the resolution of industrial disputes through
specialised agencies according to specialised
procedures and with special reference to the weaker
15 AIR 1980 SC 2181
H
88 SUPREME COURT REPORTS [2015] 15 S.C.R.
A categories of employees coming within the definition
of workmen. therefore, with reference to industrial
disputes between employers and workmen, the ID Act
is a special statute, and the L.l.C. Act does not speak
at all with specific reference to workmen. On the other
B hand, its powers relate to the general aspects of
nationalisation, of management when private
businesses are nationalised and a plurality of problems
which, incidentally, involve transfer of service of existing
employees of insurers. The workmen qua workmen and
c industrial disputes between workmen and the employer
as such are beyond the orbit of and have no specific or
special place in the scheme of the L.l.C. Act. And
whenever there was a dispute between workmen and
management the ID Act mechanism was resorted to."
D
Further, on the point of a subsequent legislation taking
precedence over a prior legislation, he observed as under:
"The general rule. that prior statutes are held to be
E repealed by implication by subsequent statutes if the
two are repugnant: is said not to apply if the prior
enactment is special and the subsequent enactment is
general, the rule of law being, as stated by Lord
Selbourne in Seward v. Vera Cruz (1884) 10AC 59 "that
F where there are general words in a later Act capable of
reasonable and sensible application without extending
them to subjects specially dealt with by earlier
legislation, you are not to hold that earlier and special
legislation indirectly repealed, altered, or derogated
G from merely by force of such general words, without any
indication of a particular intention to do so", "There is a
well-known rule which has application to this case. which
is that a subsequent general Act does not affect a prior
special Act by implication. That this is the law cannot
H
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 89
SIDDHA MATH & ORS. [V. GOPALA GOWDA, J.]
be doubted, and the cases on the subject will be found A
collected in the third edition of Maxwell is generalia
specialibus non derogant-i.e. general provisions will not
abrogate special provisions. "When the legislature has
given its attention to a separate subject and made
provision for it, the presumption is that a subsequent B
general enactment is not intended to interfere with the
special provision unless it manifests that intention very
clearly. Each enactment must be construed in that
respect according to its own subject-matter and its own
terms." c
(emphasis laid by this Court)
23. In the instant case, there is a clear conflict between
the proviso of Section 2(oo) of the OEAAct, 1951 and Sections D
5 and 33 of the Temple Act, 1955. It is also clear that both the
above statutory provisions of the Acts cannot survive together.
While the rule of harmonious construction must be given effect
to as far as possible, when the provisions of two statutes are
irreconcilable, it needs to be decided as to which provision E
must be given effect to. In the instant case, Section 2(oo)
proviso in its entirety is not violative of the provisions of the
Temple Act. At the cost of repetition, we reproduce the relevant
part of Section 2(oo) of the OEAAct, 1951 as under:
F
"Provided that all estates belonging to the Temple of
Lord Jagannath at Puri within the meaning of the Shri
Jagannath Temple Act. 1955 and all estates declared
to be trust estates by a competent authority under this
Act prior to the date of coming into force of the Orissa G
Estate Abolition (Amendment) Act, 1970 shall be
deemed to be trust estates."
(emphasis laid by this Court)
H
90 SUPREME COURT REPORTS [2015] 15 S.C.R.
A It is only the first part of the proviso which is in contravention of
the Temple Act, 1955. lfthat part of the proviso continues to be
given effect, Sections 5 and 30 of the Temple Act, 1955, by
which the estates of Lord Jagannath Temple at Puri are vested
in the Temple Committee will lose their meaning. By striking
B down Section 2(oo) proviso to that extent, both the provisions
will be able to operate.
In Commercial Tax Officer v. Binani Cements Ltd. 16
this Court held as under:
c "It is well established that when a general law and a
special law dealing with some aspect dealt with by the
general law are in question, the rule adopted and
applied is one of harmonious construction whereby the
D general law. to the extent dealt with by the special law.
is impliedly repealed. This principle finds its origins in
the latin maxim of generalia specialibus non derogant,
i.e., general law yields to special law should they operate
in the same field on same subject."
E
(emphasis laid by this Court)
In J.K. Cotton Spinning and Weaving Mills Co. Ltd.
v. State of U.P. 17, a three judge bench of this Court held as
under:
F
"9 ....We reach the same result by applying another well
known rule of construction that general provisions yield
to special provisions. The learned Attorney-General
seemed to suggest that while this rule of construction is
G applicable to resolve the conflict between the general
provision in one Act and the special provision in another
Act, the rule cannot apply in resolving a conflict between
general and special provisions in the same legislative
" (2014 J a sec 31.9
H 17 (1961) 3 SCR 185
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 91
SI DOHA MATH & ORS. [V. GOPALA GOWDA, J.]
instrument. This suggestion does not find support in A
either principle or authority. The rule that general
provisions should yield to specific provisions is not an
arbitrary principle made by lawyers and Judges but
springs from the common understanding of men and
women that when the same person gives two directions B
one covering a large number of matters in general and
another to only some of them his intention is that these
latter directions should prevail as regards these while
as regards all the rest the earlier direction should have
effect. In Pretty v. Solly (quoted in Craies on Statute Law C
at p.m. 206, 5tti Edn.) Romilly, M.R., mentioned the rule thus:
The rule is. that whenever there is a particular enactment
and a general enactment in the same statute and the
latter. taken in its most comprehensive sense. would o
overrule the former, the particular enactment must be
operative, and the general enactment must be taken to
affect only the other parts of the statute to which it may
properly apply.
The rule has been applied as between different E
provisions of the same statute in numerous cases some
of which only need be mentioned: De Winton v. Brecon,
Churchill v. Crease, United States v. Chase and
Carroll v. Greenwich Ins. Co.
F
10. Applying this rule of construction that in cases of
conflict between a specific provision and a general
provision the specific provision prevails over the general
provision and the general provision applies only to such
cases which are not covered by the special provision, G
we must hold that Clause 5(a) has no application in a
case where the special provisions of Clause 23 are
applicable."
(emphasis laid by this Court) H
92 SUPREME COURT REPORTS . [2015) 15 S.C.R.
A It becomes clear from a perusal of the above mentioned two
judgments of this Court that while provisions of different statutes
must be harmoniously constructed as far as possible, in cases
where it is not possible, the Court needs to examine as to
which provision must be given effect to.
B
24. In the case in hand, the first part of the proviso of
Section 2(oo) of the OEA Act, 1951 cannot be allowed to
sustain. Clearly, the intention of the legislature could not have·
been to render virtually the entire Temple Act, enacted on the
C specific subject, meaningless, by way of enacting a proviso to
Section 2(oo)ofthe OEAAct, 1951 as an amendment in 1974,
which is the general legislation in the instant case. Section
2(oo)of the OEAAct, 1951, thus, to that extent requires to be
struck down so that both the OEA Act, 1951 as well as the
D Temple Act, 1955 can be given due effect in their respective
field of operation. In exercise of the powers conferred under
Article 142 of the Constitution, this Court can pass any order
as may be "necessary for doing complete justice" in a case
before it. In the instant case, great injustice will be caused to
E the appellant Temple ifthe rights conferred upon it by the Temple
Act are allowed to be taken away by operation of the proviso
to Section 2(oo) of the OEAAct. Therefore, we have to strike
down the proviso to Section 2(oo) of the OEAAct and also
quash the notification dated 18.03.1974 in so far as it relates
F to the property of Lord Jagannath Temple at Puri.
25. Further, it is a settled principle of law that once a
property is vested by an Act of legislature, to achieve the
laudable object, the same cannot be divested by the enactment
G of any subsequent general law and vest such property under
such law. Similarly, if in the instant case, we were to accept the
contentions advanced by the learned senior counsel appearing
on behalf of the respondent Math, then Sections 5 and 33 of
H the Temple Act, 1955 will be rendered useless and nugatory
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 93
SIDDHA MATH & ORS. [V. GOPALA GOWDA, J.]
and thereby the laudable object and intendment of the Temple A
Act will be defeated and the interest of the public at large will
be affected. Thus, the notification dated 18.03.1974 issued
by the State Government under Section 3-A of the OEAAct,
1951, whereby the estate of Lord Jagannath Mahaprabhu Bije,
· Puri vested in the State Government (in terms of Point (ii) of B
the notification), is liable to be quashed to that extent. As a
consequence, the order dated 30.09.1981 passed by the OEA
Tahsildar, who falls within the inclusive definition of Collector
in terms of Section 2 (d) of the OEAAct, 1951, settling the .
land in favour of the Mahantas of various Maths as Marfatdars C
of the Shri Jagannath Mohaprabhu Bije, Puri is in violation of
the provisions of the Temple Act, 1955 and is thus, liable to be
set aside.
Answer to Point No. 2 D
26. We will now examine whether even according to the
provisions of the OEAAct, 1951, the respondent Math had the
right to file an application for settlement of the suit lands in
terms of Sections 6 and 7 of the OEA Act, 1951 . There are E
certain provisions of the OEA Act, 1951 which need to be
appreciated at this stage.
Section 2(hh) of the OEA Act, 1951 defines an
intermediary interest as follows:
F
"'Intermediary interest' means an estate or any rights or
interest therein held or owned by or vested in an
Intermediary and any reference to 'estate' in this Act shall
be construed as including a reference to 'Intermediary
Interest' also" G
Section 8-A provides for filing of claims under Section
6,7 and 8 of the OEAAct, 1951 which reads as under: ·
"8-A. Filing of claims under Section 6, 7 and 8 and
dispute relating thereto-(1) The Intermediary shall file H
94 'SUPREME COURT REPORTS [2015] 15 S.C.R.
A his claim in the prescribed manners for settlement of
fair and equitable rent in respect of lands and building
which are deemed to be settled with him under Section
6 or Section 7 before the Collector within 6 (six) months
from the date of vesting."
B
27. Mr. M .L. Varma, the learned senior counsel appearing
on behalf of the respondent Math contends that Section 2(oo)of
the OEAAct, 1951 was amended in the year 1974, in terms of
which all estates belonging to the temple of Lord Jagannath
c were deemed to be trust estates. Thus, the same vested in
the State Government after notification of 18.03.1974. Thus,
the provisions of Section 8A of the OEAAct, 1951 come into
play, and accordingly an intermediary had the right to file its
claim before the Collector within six months. The learned senior
D counsel contends that the lands of the respondent Math were
recorded in the Record of Rights, and the Tahsildar issued an
inquiry report which stated that the said respondents were in
possession of the lands. The lands were accordingly settled
in favour of the respondent Math vide order dated 30.09.1981.
E The learned senior counsel further contends that the application
filed by the appellant Temple Committee under Section 8-A,
in which an order dated 30.11.1992 settling the lands in their
favour was passed was liable to be set aside, as the
respondent Math herein was not a party to the same. It is further
F contended that the order was liable to be set aside, as the
lands already settled by way of order dated 12.01.1982 in
favour of the respondent Math, could not be re-settled as the
same were not available for the Collector to do so in view of
G the earlier order, referred to supra.
28. Mr. Shibasis Mishra, the learned counsel appearing
oh behalf of the State of Odisha, the appellant in Civil Appeal
No.142 of 2010 contends that after the decision of this Court
in the case of Lord Jagannath referred to supra, the State
H
SRI JAGANNATH TEMPLE MANAGING COMMITIEE v. 95
SIDDHAMATH & ORS. [V. GOPALA GOWDA, J.]
Government vide notifications dated 18.04.1989 and A
20.11.1990, extended the time period for filing of claims in
respect of estates of Lord Jagannath. On 20.11.1990, the
Temple Committee lodged its claim recording the estates of
Lord Jagannath in favour of Shri Jagannath Mahaprabhu Bije,
Puri, Marfat through Shri Jagannath Temple Managing B
Committee by filing Claim Case No. 68 of 1990. On.
· 30.11.1992, the order was passed by the OEA Collector
recording the properties in favour of the Temple Committee.
29. We cannot accept the contentions advanced by the C
learned senior counsel appearing on behalf of the respondent
Math. The Form 'H' sabmitted in terms of the OEAAct, 1951 in
Claim Case No. 58 of 1975 reveals that while Column 9
"{Whether with respect to the lands in possession of the
applicant or his temporary lessee or mortagagee on the date D
of vesting]" is marked as 'Self Possession', and Column 11
"{If in the possession of a temporary lessee or mortgagee
give full details of the lessee or mortgagee ......]" has been
left blank. Therefore, the claim of the respondent Math and the
basis of its claim is not stated in the claim petition. In the E
absence of the same, its claim as intermediary to prefer claim
under Sections 5, 6, 7, 8 of the OEA Act, 1951 before the
Tahsildar is wholly untenable in law. Further, the order dated
12.01.1982, passed in. OEA Claim Case No. 58 of 1975 filed
by the respondent Math to settle the lands in their favour has F
been passed by the Tahsildar, Puri. Section 8-A of the Act
clearly provides that the claims have to be filed before the
Collector. Mr. L. Nageshwar Rao, the learned senior counsel
appearing on behalf of the Tahsildar contends that the definition G
of Collector in the OEAAct, 1951 is an inclusive one, and
therefore he had the authority to determine the rights of the
respondent. We cannot agree with this legal contention
advanced by the learned senior counsel. The proceedings
under Section 8-A, OEAAct, 1951 are quasi judicial in nature. H
96 SUPREME COURT REPORTS [2015] 15 S.C.R.
'
A The Orissa High Court in the case of Bharat Bihari Mishra v.
State of Orissa 18, has held as under:
"All the above provisions of the Act and the Rules go to
indicate that the proceeding under Section 8-A(1) is
B quasi judicial in nature. The procedure for conduct of
the proceeding has been provided in the Act and the
different Rules as noted above."
30. It is well settled in law that a quasi judicial function
C cannot be delegated and therefore, the inclusive reading of
the definition of Collector under Section 2(d) of the OEAAct,
1951 to also include Tahsildar can be applied only as far as it
pertains to the discharge of administrative powers of the
Collector. In reference to the role of the Tahsildar under the
D OEAAct, 1951, this Court has held that the Tahsildar performs
an administrative function and not a quasi judicial one. In the
case of Basanti Kumar Sahu v. State of Orissa 19 a three
judge bench of this Court has held as under:
"If it had been an order made on the quasi-judicial side,
E
the High Court would have held that the Tribunal had
jurisdiction under Section 38-B and there would have
been no occas'ion to interfere with the order. The High
Court justified the Board's order to the extent it annulled
F the Tahsildar's order dated 17-12-1977 but interfered
with it solely on the ground that the Board. had no
jurisdiction since the Tahsildar's order was not a quasi-
judicial order. In other words, according to the High Court,
the Tahsildar's orderwas an administrative order. If that
G be so; one fails to understand why the matter should be
remitted to the Tahsildar once again to take an
administrative decision? The order of the High Court
is, therefore, unsustainable."
18
2012 (II) OLR 968
H 1
• (1998) 8 sec 722
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 97
SIDDHAMATH & ORS. [V. GOPALA GOWDA, J.]
31. Since the Tahsildar performs only an administrative A
function under the OEA Act, 1951 and not a quasi judicial
function, thus, he was not competent to pass the order of
settlement of claim either under Section 6 or 7 or 8 of the OEA
Act, 1951. For the reasons stated in answer to Point No.1
above, vesting of the suit lands in favour of the Math is bad in B
law. Further, as we have already held supra that once the land
already vested in the Temple Committee under Sections 5 and
33 of the Temple Act, 1955 which is a special enactment to
deal with the properties endowed to the appellant Temple
Committee, the same could not have been divested by applying C
the provisions of the OEAAct, 1951 by way of an amendment
to the Act by insertion of Sections 2(oo) and 3A in the OEA
Act, 1951, as the operation of the said Act and the Temple
Act, 1955 are in different fields and the objects and intendment
0
of the abovementioned two Acts are entirely different. A
constitution bench of this Court in the case of Calcutta Gas
Company Ltd. v. State of West Benga/20 held that in case of
a conflict or overlap between different entries, the rufe of
harmonious construction must be applied to give effect to all E
the entries. This Court held as under:
"8 ....... Before construing the said entries is would be
useful to notice some of the well settled rules of
interpretation laid down by the Federal Court and this
Court in the matter of constructing the entries. The power F
to legislate is given to the appropriate Legislatures by ·
Article 246 of the Constitution. The entries in the three
Lists are only legislative heads or fields of legislation;
they demarcate the area over which the appropriate G
Legislatures can operate. It is also well settled that
widest amplitude should be given to the language of
the entries. But some of the entries in the different List
or in the same List may overlap and sometimes may ·
20
AIR 1962 SC 1044 H
98 SUPREME COURT REPORTS [2015] 15 S.C.R.
A also appear to be in direct conflict with each other. It is
then the duty of this Court to reconcile the entries and
bring about harmony between them. When the question
arose about reconciling entry 45 of List I, duties of excise,
and entry 18 of List II, taxes on the sale of goods, of
B Government of India Act, 1935, Gwyer, C.J., in In re The
Central Provinces and Berar Act No. XIV of 1938,
observed:
"A grant of the power in general terms, standing by
C itself, would no doubt be construed in the wider sense;
but it may be qualified by other express provisions in
the same enactment, by the implication of the context,
and even by considerations arising out of what appears
to be the general scheme of the Act."
D
The learned Chief Justice proceeded to state :
"....... :... an endeavour must be made to solve it, as the
Judicial Committee have said by having recourse to
the context and scheme of the Act, and a reconciliation
E
attempted between two apparently conflicting
jurisdictions by reading the two entries together and
by interpreting, and, where necessary, modifying the
language of the one by that of the other. ff indeed such
F a reconciliation should prove impossible, then, and
only then, will the non-obstante clause operate and the
federal power prevail."
The Federal Court in that case held that the entry "taxes
on the sale of goods" was not covered by the entry
G
"duties of excise" and in coming to that conclusion, the
learned Chief Justice observed :
"Here are two separate enactments, each in one
aspect conferring the power to impose a tax upon
H
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 99
SIDDHA MATH & ORS. [V. GOPALA GOWDA, J.]
goods; and it would accord with sound principles of A
construction to take the more general power, that
which extends to the whole of India, as subject to an
exception created by the particular power, that which
extends to the provinced only. It is not perhaps strictly
accurate to speak of the provincial power as being B
excepted out of the federal power, for the two are
independent of one another and exist side by side.
But the underlying principle in the two cases must be
the same, that a general power ought not to be so
construed as to make a nullity of a particular power C
conferred by the same Act and operating in the same
field,when by reading the former in a more restricted
sense effect can be given to the latter in its ordinary
and natural meaning."
D
The rule of construction adopted by that decision for
the purpose of harmonizing the two apparently conflicting
entries in the two Lists would equally apply to an
apparent conflict between two entries in the same List.
Patanjali Sastri, J., as he then was, held in State of E
Bqmbay v. Narothamdas Jethabai, that the words
"administration of justice" and "constitution and
organization of all courts" in item one of List II of the
Seventh Schedule to the Government of India Act, 1935,
F
must be understood in a restricted sense excluding from
their scope "jurisdiction and powers of courts"
specifically dealt with in item 2 of List II. In the words of
the learned Judge, if such a construction.was not given
"the wider construction of entry 1 would deprive entry 2 G
of all its content and reduce it to useless lumber." This
rule of construction has not been dissented from in any
of the subsequent decisions of this Court. It may,
therefore. be taken as a well settled rule of construction
that every attempt should be made to harmonize the H
100 SUPREME COURT REPORTS [2015] 15 S.C.R.
A apparently conflicting entries not only of different Lists
but also of the same List and to reject that construction
which will rob one of the entries of its entire content and
make it nugatory."
B (emphasis laid by this Court)
In the light of the reasons assigned by us in answer to Point
No.1 and held in favour of the Temple, there was no need for
the Temple Committee to file claim proceedings under Section
C 8-A of the OEAAct, 1951, in respect of its own lands which
were already vested in it under Section 5 of the Temple Act,
1955. The suit lands vest in the Temple Committee itself. Thus,
in view of the provisions of the Temple Act, 1955, the settlement
of the suit lands in favour of the respondent Math cannot be
D sustained, as it is bad in law.
Answer to Point No. 3
32. In view ofthe findings and reasons recorded on Point
Nos.1 and 2 in favour of the appellant Temple Committee, the
E impugned judgment and order dated 07.07.2009 passed in
Original Jurisdiction Case No. 2421 of 2000 by the High Court
of Orissa at Cuttack is liable to be set aside and accordingly,
we set aside the same.
F 33. Since we have categorically recorded the finding both
on facts and in law while answering Point No. 1 in favour of the
appellant Temple Committee holding that the provisions of the
OEAAct, 1951 have no application to the lands of the Lord
Jagannath Temple at Puri, there is no need for us to pass an
G order in favour of the Temple under the OEAAct, 1951 as the
suit lands were already vested in favour of the Lord Jagannath
Temple at Puri by virtue of the provisions of the Temple Act,
1955.
• H
SRI JAGANNATH TEMPLE MANAGING COMMITTEE v. 101
SIDDHA MATH & ORS. [V. GOPALA GOWDA, J.]
34. For the foregoing reasons, we pass the following A
order:-
i) C.A. Nos.7729 of 2009, 7730 of 2009, 142 of 2010,
221 of 2010, 2981 of 2010, 3414 of 2010,3415 of
2010 and 3446 of 2010 are allowed. The impugned B
judgment and order dated 07 .07 .2009 passed in
Original Jurisdiction Case No. 2421 of 2000 by the
High Court of Orissa at Cuttack is hereby set aside.
ii) We strike down the first part of the proviso of Section
2(oo) of the OEAAct, 1951, which pertains to the c
properties of Lord Jagannath Temple at Puri.
iii) The notification dated 18.03.1974 issued by the State
Government under Section 3Aofthe OEAAct, 1951
in so far as point No. (ii) is concerned, is also quashed D
by this Court, to the extent, it applies to the lands and
estate of Lord Jagannath Temple at Puri.
iv) We make it very clear that the striking down of the first
part of the proviso to Section 2(oo) of the OEAAct,
1951 as mentioned above and quashing of the E
notification referred to supra will be prospective and
this judgment shall not be applicable to the settled
claim of the claimants hitherto under the provisions of
the OEAAct of 1951 in so far as the lands of the Lord
F
Jagannath Temple at Puri are concerned.
v) In view of the disposal of appeals above-mentioned
in favour of the Temple Managing Committee, C.A.
Nos. @SLP (C) Nos. 9167-9168 of 2010 (filed by Sri
Raghab Das Math) and C.A. No. 9627 of 2010 (filed G
by Bauli Matha) are hereby dismissed.
v.i) No costs are awarded in these proceedings.
Nidhi Jain Appeals disposed of.
H
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