AIR 2016 SUPREME COURT 564 ::(2016) 1 CLR 5 (SC) ::2015 (16) SCC 542 ::(2015) 13 Scale 874 ::AIR 2016 SC (Civil) 516 ::(2016) 121 Cut LT 201 ::(2016) 1 Mad LJ 425 ::(2016) 1 Orissa LR 209

Supreme Court Of India

(From : Orissa)*

Hon'ble Judge(s): V. Gopala Gowda, C. Nagappan , JJ

(A) Shri Jagannath Temple Act (11 of 1955) , S.5, S.6, S.30— Orissa Estate Abolition Act (1 of 1952) , S.2(oo), S.3AA— (as inserted by Amendment Act of 1974) - Properties and endowments of Shri Jagannath Temple - Stand statutorily vested in Jagannath Temple Committee and cannot be deemed to be 'Trust estates' under S. 2 (oo) of Orissa Estate Abolition Act (as inserted in 1974) - Provisions of Temple Act, 1955 being special provisions - Take priority over provisions of other legislation - Plea that subsequent legislation take precedence over prior legislation - Not tenable. Maxims - 'Generala Spacialibus non derogant' - Applicability. The Temple and the Math are two distinct legal entities. The OEA Act, 1952 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 in the land. 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. 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. Section 5 of th....