Durga Puja Festival| Orissa HC Directs Implementation Of Appropriate Steps Against Illegal Construction Of ‘Mandaps’ On Public Road

The Orissa High Court has directed the implementation of appropriate steps against the illegal construction of Durga Puja Mandaps on the public road, leading to traffic jam.

The Court was dealing with a Suo Motu Public Interest Litigation (PIL) concerning various problems faced during the Durga Puja festival.

A Division Bench comprising Justice S.K. Sahoo and Justice V. Narasingh noted, “Some learned Members of the Bar have expressed serious concern in the manner the Chandini Chowk Puja Committee so also other Puja Committees of Cuttack City have started construction of puja mandaps on the public road which are leading to traffic jam. The Collector, Cuttack has assured this Court that immediate steps shall be taken by deputing teams to visit each puja mandap to check such illegal construction activities on the public road and if necessary, the licence granted shall be revoked.”

The Bench had earlier directed D.C.P., Cuttack to file an affidavit regarding the preventive steps to be taken during the upcoming festive days for tackling sound pollution, traffic management so also safety measures to be taken by the Puja Committee who are erecting huge mandap pandals on public road, footpath, and erection of electric gates and decorations.

Amicus Curiae N.K. Mohanty represented the petitioner while Government Advocate Jyoti Prakash Patnaik, Additional Government Advocate Debasis Nayak, and Advocate Bijay Kumar Dash represented the opposite parties.

To ensure effective implementation of the orders/directions passed by the Bench, the Court said that its Registrar (General) shall act as ‘Nodal Officer’ and Deputy Registrar (Protocol) shall assist the Nodal Officer and they shall ensure collection of reports from different authorities who are dealing with the civic issues of Cuttack City, scrutinize the same, get clarifications and further information whenever necessary and submit the report to the Bench containing a summary of information so collected on the date fixed.

With regard to the condition of roads and other civil amenities, the President of Orissa High Court Bar Association Bijay Kumar Dash submitted the data obtained from 15 wards relating to road condition and other civic amenities issues. When a news item published in the local daily under the heading of ‘RATI RA PICHU SAKALU UTHI JAUCHI’ was placed by him, it was submitted that immediately after the road repairing work in some specific areas were carried out, there was heavy rain for which the damage has been caused and effective steps are to be taken soon for repairing those damaged roads.

IAS Officer Vir Vikram Yadav submitted that a high level meeting was held few days back which was chaired by the Minister of Works in which the MLAs of both Bhubaneswar and Cuttack participated along with all field officers and the detail survey of the roads have been carried out and some roads are in good conditions, some require minor repair work and other roads require extensive repair works and instructions have been given to float tenders for the works and to complete it by October 5, 2024. Likewise, various other submissions were made by others before the Court.

The Court in the above regard remarked, “Since few days are left for commencement of Durga Puja Festival, we expect that the C.M.C. authorities along with the authorities of other departments who are concerned with the civic issues of Cuttack City shall make a conjoint effort to see that the woes and sufferings of the citizens on account of civic related issues are reduced to a great extent and they are able to enjoy the festival in a better manner in a congenial surrounding.”

Regarding the sale of adulterated food, the Health Officer was directed by the Court to file an affidavit regarding steps to be taken to prevent the same either in the streets or in the shops, restaurants and hotels in the Cuttack City during festive season, and to take steps for public awareness not to consume such adulterated food and how to monitor and enforce food safety and standard regulation.

The Court also took note of the issue of spreading of Dengue in Cuttack city. In view of this, it ordered, “Let the Health Officer visit the aforesaid wards in presence of the advocates of those areas to verify the location of bushes and to take immediate steps for cutting and removing the bushes.”

Sanjeev Kumar Behera, Asst. Fire Officer, Cuttack Fire Station had filed an affidavit that a meeting was convened regarding fire safety and other management for the ensuing puja under the Chairmanship of District Collector in presence of all representatives/heads of departments including Fire and Emergency Service and Police and representatives of all puja committees of Cuttack City and committee members were instructed to keep at least two fire extinguishers, two fire buckets, one blanket and to deploy a person having knowledge of operating fire extinguishers. It was stated that in addition to three numbers of existing fire stations in Cuttack City, additional six numbers of temporary fire stations will be opened and bike patrolling units and quick response units will be placed at large gathering areas to face any eventualities.

“We expect that appropriate steps as suggested by the D.C.P., Cuttack so also the Asst. Fire Officer in their affidavits would be effectively implemented so that the people would enjoy Puja in a better manner”, directed the Court.

Accordingly, the High Court fixed the next dates of hearing and issued necessary directions.

Cause Title- Registrar (Judicial) Orissa High Court, Cuttack v. State of Odisha & Others

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