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Orissa High Court

Dillip Kumar Baral vs State Of Odisha And Others .... Opposite ... on 7 February, 2023

Author: M.S. Raman

Bench: M.S. Raman

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     W.P.(C) No. 27958 of 2022



             Dillip Kumar Baral                       ....            Petitioner
                                        Mr. Anup Kumar Mohapatra, Advocate
                                          -versus-
             State of Odisha and Others               ....     Opposite Parties
                               Mr. Debakanta Mohanty, Addl. Govt. Advocate
                              Mr. Partha Sarathi Nayak, Advocate for the NMA
             CORAM:
             THE CHIEF JUSTICE
             JUSTICE M.S. RAMAN
                                           ORDER

Order No. 07.02.2023

02. 1. In response to the grievance made by the present Petitioner against the proposed construction of a protection wall at the Shri Jagannath Temple, Puri, the National Monument Authority (NMA) (Opposite Party No.8) has filed an affidavit dated 21st December, 2022. In para 6 of the said affidavit, it is submitted that in terms of Section 2(dc) of the Ancient Monuments & Archeological Sites and Remains Act, 1958 (AMASR Act) "the construction, maintenance and cleansing drains and drainage works and of public latrines, urinals and similar convenience or the construction and maintenance of works meant for providing supply of water for public, or construction of maintenance, extensions, management for supply and distribution of electricity to the public or provision for similar facilities for public, are not included under the definition of construction." Accordingly, it is submitted by Mr. Partha Sarathi Nayak, learned counsel for the NMA, that the proposed construction will not come under the list of prohibited constructions.

2. Learned counsel for the Petitioner has produced before the Court copy of the minutes of the 361st NOC Meeting (Special Agenda) held on 9th September, 2022 attended by the Chairman and Members of the NMA. According to him, those minutes reflect the recommendations made in respect of the Sri Mandira Parikrama Project of Shri Jagannath Temple, Puri but the proposed construction is not a part of the said recommendations.

3. The Court notes that the affidavit filed by the NMA is dated 21st December, 2022 i.e. more three months after the above meeting was held. Clearly, the NMA was aware which constructions, as part of the Sri Mandira Parikrama Project of the Shri Jagannath Temple, Puri were permitted and which were not in terms of the AMASR Act. Consequently, the Court proceeds on the basis of the correctness of the submission made by NMA before this Court.

4. The Court is, therefore, not inclined to issue the directions as prayed for by the Petitioner. The writ petition is accordingly dismissed.

(Dr. S. Muralidhar) Chief Justice (M.S.Raman) Judge S.K. Jena/Secy.