Orissa HC Issues Directives To Ensure Smooth Celebration Of Durga Puja & Rabana Podi Utsav During Dussehra
The Orissa High Court issued directives to ensure the smooth celebration of Durga Puja and the “Rabana Podi Utsav”, celebrated in Orissa with the festival of Dussehra, while monitoring overall civic issues of Cuttack city.
The Bench of Justice S.K. Sahoo and Justice V. Narasingh ordered the removal of Puja pandal structures on public roads and footpaths.
With noise pollution issues likely to arise during the Durga Puja, the Court condemned the city police for insufficient action during last month’s Ganesh Chaturthi. The Court was assured that strict actions will be undertaken against those playing loud music during the upcoming festive season.
As a “huge gathering” is expected on the Dussehra, to be celebrated on 13 October this year, the Court ordered the authorities to take public safety and road management measures.
Advocate N.K. Mohanty appeared as Amicus Curiae before the Bench and Advocate Jyoti Prakash Patnaik appeared for the state government.
Pandals obstructing roads and footpaths
Upon being informed by an Advocates’ Committee about construction activities causing traffic congestion during Durga Puja, the court ordered that such obstructions be removed temporarily. The committee of advocates was formed in pursuance with an earlier Order.
The Court took on record a letter written by the Sub-Collector and SDM, Cuttack to the Commissioner of the local municipal corporation detailing that two puja committees have erected pundals over public roads and footpaths, which may lead to congestion of free flow of traffic. The puja committees were then advised by the municipalauthorities not to erect such structures.
Senior Advocate S.P. Mishra, appearing for the two puja committees, submitted that by the time the court passed its order on 26 September, the construction of the two puja pandals had sufficiently progressed. It would be impossible to make modifications now, he pleaded, and assured of efforts to ensure free flow of traffic. No structure on public land would be erected from next year, he told the court.
“In case such undertakings are filed within three days from today, no coercive steps shall be taken against the aforesaid two Puja Committees,” the court said, subjecting its direction to the “volunteers assisting the police in their respective areas during upcoming Puja days for hindrance free movement of traffic.”
The Deputy Commissioner of Police assured the court that he would ensure that safety measures are being taken by different puja committees while erecting electric gates. Power authorities will inspect gates and mandaps to ensure there is no wastage of electricity.
Fines and seizures for loud music
The court noted that even as the DCP had submitted in the last hearing that puja committees and the public have been “sensitized” not to play loud music, “total violation” was observed during the immersion of Lord Ganesha.
The order records that even though police were accompanying the procession, no steps were taken for prevention. The DCP assured the court that this would not occur during the Durga Puja and he would apprise puja committees of the ill effects of noise pollution.
The court recorded his assurance that if “deviations” are made, fines will be imposed and speakers and other instruments will be seized.
‘Huge gathering likely on Dussehra, take suitable steps’
The court also passed directions to ensure the smooth celebration of “Rabana Podi Utsav”.
The petitioner, Barabati Sarba Dharma Sanskrutika Parishad, submitted that the place where the ‘Rabana Podi Utsav’ festival is being celebrated for years is full of potholes.
Ravan Podi Utsav is celebrated on the occasion of Vijaya Dashami. The event also commemorates the day when Lord Rama killed Ravana, as depicted in the epic 'Ramayana'.
“It is the duty of the authorities to see that religious ceremonies are celebrated without let or hindrance.” the court averred.
The Commissioner of the local municipal corporation told the court that steps are being taken to level and clean the area. Work would complete before the start of festive celebration, he assured.
Noting that “huge gathering” is likely on the day, the court directed the Commissionerate of Police to take “suitable measures” to ensure public safety, take care of traffic and vehicle parking management. Fire engines must be kept in readiness, it directed further.
The court lauded the Calcutta Municipal Corporation’s efforts “without awaiting for the Court’s order”
'Only conjoint efforts of civic authorities can ensure unhindered Puja'
The court on 26 September directed the Registrar (General) of the High Court to act as nodal officer and the Deputy General to assist them to ensure the effective implementation of court’s orders.
The two officials were assigned the task to collect 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 report to the Bench.
In pursuance of an earlier Order, the Advocates’ Committee handed over the data on 44 wards of the Cuttack Municipal Corporation (CMC) to its counsel. They had previously handed over data pertaining to 14 wards.
A news item published in a local Odia daily on the poor quality of road repairing work in certain areas was also brought on record. In one of the wards in which a road had been shown to be in good condition, the court doubted the information submitted to it in view of the news report. “...[I]t appears that the correct state of affairs are not reflected in the status report furnished to this Court.” the court said.
The court censured the municipal corporation for “misleading” the court about road work in a ward that it was told would complete soon. However, the counsel for the corporation, who incidentally belongs to the said ward, told the court that no work in his ward had been taken up.
“It is a very sorry state of affairs that the C.M.C. authorities are giving misleading statements to this Court and we hope that in future, they would desist from such misadventure otherwise in appropriate cases, we would be constrained to take strict action against the erring officials.” the court said.
The court noted the City Engineer’s statement that work was on to replace street lights to ensure that no area in the city remains dark during the festival.
The court expressed hope that work is carried out “expeditiously and without compromising the quality.” It thanked the Advocates’ Committee for assisting the Bench.
“This Court wants to ensure that people of the Millennium City celebrate Puja without any hindrance, which is only possible on account of the conjoint effort of the civic authorities and the District Administration. We hope that they will work in tandem to achieve such goal.” the court said in conclusion.
Cause title: Registrar (Judicial), Orissa High Court, Cuttack v. State of Orissa and Ors. [SUO MOTU W.P.(C) PIL No.2140 of 2020]
Appearance:
Senior Advocate S.P. Mishra for Khannagar and Chandni Chowk Puja Committees
Advocate Jyoti Prakash Patnaik, Government Advocate
Advocate Debasis Nayak-A, Addl. Govt. Advocate & Advocate for CMC
Advocate Bijay Kumar Dash, Advocate President of Orissa High Court Bar Association
Advocate Sujata Jena for Barabati Sarba Dharma Sanskrutika Parishad
