Property of Government :– Subject to the provisions of any

law for the time being in force, the following classes of lands are hereby declared to be the property to Government for the purposes of this Act, namely : (a)all public roads, streets, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark and of rivers, streams, nalas, lakes and tanks and all canals and water sources and all standing and flowing water and all lands including temple sites, house sites or backyards wherever situated, save in so far as the same are the property– (i)of any ruler of Indian State merged with the State of Orissa Zamindar, Proprietor, Sub-proprietor, Landlord,

1[***] Jagirdar,

1[***] Khoropshdar or any other tenure holder or any person claiming through or holding under any of them; or (ii)of any person paying shist, kattubadi jodi, porupu or quit rent to any of the aforesaid person; or (iii)of any person holding under raiyatwari tenure or in any way subject to the payment of cess or any other dues direct to Government; or (iv)of any other registered holder of land having proprietary right; or (v)of any other person holding land under grant from Government otherwise than by way of licence;

1[***] (vi)

¹ Omitted by Act 4 of 1975

1[***] (b)land belonging to or vesting in any Local Authority which is used or intended to be used for any public purpose such as a road, canal, embankment, tank or ghat or for the repair or maintenance of such road, canal, embankment, tank or ghat;

(c)land acquired under the provisions of the Land Acquisition Act 1 of 1894 or under similar Acts for the purposes of any Local Authority,

1[***] Company owned or controlled by the State Government, Statutory Body or Corporation while such land remains as the property of the Local Authority,

1[***] Company owned or controlled by the State Government, Statutory Body or Corporation; (d)Immovable property claimed by the rulers of merged territories but conceded in their favour; and (e)land belonging to an establishment or undertaking owned, controlled or managed by– (i)any State Government or a Department of such Government; (ii)any Company in which not less than fifty-one per cent of the share capital is held by one or more State Governments; or (iii)a corporation established by law which is owned, controlled or managed by any State Government. Explanation :– In this section "high water mark" means the highest point reached by ordinary spring-tides at any season of the year. NOTES “Abada Jogya Anabadi land” means such land which lies hallow and which is capable of being utilized. Thus in view of Section-2(1) of the Act such a land categorized as “Abada Jogya Anabadi land” is a Government land: 86 (1998) CLT 170 (Parmeshwar Mohanty vs. State of Orissa):1997(II) OLR 444. The term Local Authority has not been defined in the Act: 34

1. (1968) CLT 307. When “Abada Jogya Anabadi land” is settled as per Government circular there cannot be encroachment: 43 (1977) CLT 177.