Dillip Kumar Baral vs State Of Odisha And Others
2022 Latest Caselaw 2168 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.6257 of 2022

                Dillip Kumar Baral                    ....          Petitioner
                                                Mr. A.K. Mohapatra, Advocate

                                            -versus-

               State of Odisha and others        ....         Opp. Parties
                                Mr. Ashok Kumar Parija, Advocate General
                                 Along with Mr. Debakanta Mohanty, AGA
                                                   Mr. P.P. Behera, CGC
                                                    Mr. P.K. Parhi, ASGI
                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE R.K.PATTANAIK
                                       ORDER

Order No. 08.04.2022

02. 1. The apprehension expressed by the Petitioner in this petition is about some construction activity going on in the Shree Jagannath Temple complex which according to the Petitioner could be in violation of Ancient Monument & Archeological Sites and Remains Act, 1958 and that such construction work will pose a threat to the structure of the ancient temple.

2. The learned Advocate General who appears on behalf of the State as well as Shree Jagannath Temple Administration has drawn attention of the Court the judgment of the Supreme Court in Mrinalini Padhi v. Union of India and others (2019) 18 SCC 1 which has elaborately dealt with all issues concerning the Shree Jagannath Temple including the providing of facilities for the nearly 60,000 pilgrims and

// 2 //

devotees visiting the temple every day. A number of directions have been issued in the said judgment and the matter has been retained on the board of the Supreme Court of India for monitoring. The learned Advocate General states that the said petition is still pending in the Supreme Court of India.

3. The learned Advocate General has also placed before this Court a compilation containing the correspondence exchanged between the Government of Odisha and the National Monuments Authority (NMA) as regards the no objection granted by the NMA for the construction, repair and renovation in the prohibited/regulatory area of the centrally protected monument of the Shree Jagannath Temple. The compilation also contains the correspondence exchanged with the Archaeological Survey of India (ASI) and a note of visit dated 22nd February, 2022 to the Shree Jagannath Temple, Puri by the Director General (DG), ASI.

3. Mr. P.K. Parhi, learned Assistant Solicitor General of India (ASGI) appearing on behalf of the ASI states that he will seek specific instructions on the apprehension expressed by the Petitioner. A copy of the petition be served today itself on Mr. P.K. Parhi, learned ASGI.

4. Mr. Parhi states that the ASI will, after examining the petition, file an affidavit in this Court. It will be open to the ASI to undertake a joint inspection of the construction

// 3 //

activities going on at present in the Shree Jagannath Temple complex after advance intimation to the Temple Authorities.

5. The affidavit of the ASI be filed at least three days prior to the next date.

6. List on 21st April, 2022.

(Dr. S. Muralidhar) Chief Justice

(R.K. Pattanaik) Judge

KC Bisoi