"For Benefit Of Devotees" : Supreme Court Dismisses Pleas Challenging Construction Activities In Puri Jagannath Temple By Odisha Govt

The Supreme Court on Friday dismissed two petitions filed against the construction and redevelopment works undertaken by the Odisha Government at the iconic Shree Jagannath Temple premises at Puri.Terming the petitions as frivolous and contrary to public interest, the Court dismissed them with cost of Rupees one lakh each. "We highly deprecate practice of filing such frivolous petitions. They are nothing but abuse of process of law. They encroach upon a valuable judicial time which could be otherwise utilized for considering genuine issues. It is high time that such socalled public interest litigations are nipped in the bud so that the developmental activities in the larger public interest are not stalled"., the bench observed.The Court held that the activities undertaken by the State are necessary in the larger public interest and are in tune with the Ancient Monuments and Archeological Sites and Remains Act 1958 and also with the earlier directions issued by the Supreme Court in relation to the administration of the temple."The construction is being carried out for the purpose of providing basic and essential amenities like toilets for men and women, cloak rooms, electricity rooms etc. These are the basic facilities which are necessary for the convenience of the devotees at large. As already discussed hereinabove, the legislative intent appears to be clear. The legislature has deliberately excluded four categories from the definition of "construction". The purpose behind it appears to be that the repairs and renovation of the buildings, which are existing and the constructions which are necessary for providing basic facilities like drainage, toilets, water supply and distribution of electricity should be kept out of the rigour of requirement of statutory permissions:"The petitioner raised an argument that such permission can be given only to an individual residing in the area for construction or renovation of an existing structure and not for the State to provide facilities for the public.The bench rejected this argument as :"If an individual person can construct a toilet in a prohibited area; can the State be denied to do so, when the State finds it necessary to do it in the larger public interest for providing basic facilities to the lakhs of devotees visiting the shrine? The answer is an emphatic 'no'".The Court said that a hue and cry was made that construction was against ASI report, however note of the Director General would falsify this position. The High Court had recorded the Advocate General's submission that no archeological remains are missed out or damaged.A vacation bench comprising Justice BR Gavai and Justice Hima Kohli had yesterday reserved its orders in two special leave petitions filed challenging Odisha High Court's order refusing to restrain the State from carrying out any excavation in and around Lord Jagannath Temple, Puri.Arguments of petitionersSenior Advocate Mahalakshmi Pavani, appearing in one of the petitions, submitted that as per the Ancient Monuments and Archeological Sites and Remains Act 1958, the State Government has to mandatorily obtain an NOC from the competent for carrying out any works in a protected site. The State took an NOC from the National Monuments Authority for the construction works. However, the competent authority under the Act to grant the NOC is the Director or Commissioner of Archeology.The senior counsel referred to inspection reports to submit that "irreparable damage" has been cause to the heritage site.Advocate Vinay Navare, appearing for the second petitioner, supplemented the arguments. "What's happening is excavation. These are centuries old monuments. Also, you can't give it to someone from outside. Report of officer of Archeology department records that construction carried out is within prohibited area", he submitted.According to the petitioners, the State Government is trying to make some construction by excavating through heavy excavators more than 30 Feet depth from the ground level, exactly adjacent to the western side of Meghanad Pacheri, which is an integral part of the Temple. Further, it has been alleged that cracks have been found in the temple and its wall.The petitioners have alleged that the Government of Odisha is doing unauthorized construction work which is posing serious threat to the structure of the ancient temple of Mahaprabhu Shree JagannathThey submitted that Shree Jagannath Temple, Puri, has been declared a monument of AMASR Act, 1958 through Gazette Notification 3rd Feb 1975 and under Section 19(1) of the AMASR Act, no person including the owner occupier can construct any building within the protected area.It has been argued that Section 20A of AMASR Act is clear about the fact that there cannot be any construction within the 100 meter distance of the prohibited area.Arguments of State Ashok Kumar Parija, Advocate General of Odisha, submitted that the authority under the AMASR Act is the National Monuments Authority...

"For Benefit Of Devotees" : Supreme Court Dismisses Pleas Challenging Construction Activities In Puri Jagannath Temple By Odisha Govt

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