Orissa High Court
Registrar (Judicial) vs State Of Odisha & Others .... Opp. ... on 12 February, 2026
Bench: K.R. Mohapatra, V. Narasingh
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Feb-2026 22:01:10
IN THE HIGH COURT OF ORISSA AT CUTTACK
SUO MOTU W.P.(C) PIL No.2140 of 2020
Registrar (Judicial), .... Petitioner
Orissa High Court, Cuttack
Mr. Manoj Kumar Mishra, Sr. Advocate
President, OHCBA
Mr. Bijay Kumar Dash, Senior Advocate
Amicus Curiae
Er. Mr. Nagendra Kumar Mohanty,
Amicus Curiae
Mr. Avijit Pattnaik, Advocate
Secretary, OHCBA
-versus-
State of Odisha & Others .... Opp. Parties
Mr. Debasis Nayak,
Additional Government Advocate &
Advocate for the CMC
Mr. Prasanna Kumar Parhi,
Deputy Solicitor General of India for Odisha
CORAM:
JUSTICE K.R. MOHAPATRA
JUSTICE V. NARASINGH
ORDER
12.02.2026 S.C.B. MEDICAL COLLEGE AND HOSPITAL, Order No. CUTTACK : ISSUE & PROBLEMS PROCUREMENT OF 128 SLICE CT SCAN MACHINE 386-A. 1. These matters are taken up through hybrid arrangement 12.02.2026 (video conferencing/physical mode).
2. Pursuant to Order No.343-A, dated 23rd October, 2025, Mr. Nayak, learned Additional Government Advocate places on record a compliance report vide Letter No.3913 dated 12 th February, 2026 of the Medical Superintendent, SCB Medical Page 1 of 16 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10 College & Hospital, Cuttack. The relevant portion of such compliance report is culled out as under:
"............There apart, Director of Health Services, Odisha have been moved vide this office letter No.2595 dated 31.01.2026 reporting the vacancy position of para-medics. A copy of office letter No.2595 Dated 31.01.2026 is annexed herewith as Annexure- A. It is worthwhile to submit here that the 3T MRI machine has been installed and commissioned in the Department of Radio- Diagnosis, SCBMCH, Cuttack and put to function for patients since 03.02.2026 as reported by the Prof & Head, Department of Radio-Diagnosis vide their Dept. letter No.261 dated 03.02.2026."
3. Mr. Nayak, learned Additional Government Advocate submits that adequate manpower has been deployed to operate 128 slices CT Scan machine.
4. The Advocates' Committee shall visit and submit a report with regard to correctness of the compliance report submitted by the Medical Superintendent, SCBMCH, Cuttack.
5. Dr. Satapathy, the Superintendent, SCBMCH, who appears through virtual mode assures this Court that necessary cooperation shall be extended to the Advocates' Committee during such visit.
6. Put up this matter on 12th March, 2026, by which date, the Advocates' Committee shall submit its report.
(K.R. Mohapatra) Judge (V. Narasingh) Judge Page 2 of 16 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10 ABSENCE OF SHED FOR THE PATIENTS AND THEIR RELATIONS IN O & G DEPARTMENT 386-B. 1. It is submitted by Mr. Nayak, learned Additional 12.02.2026 Government Advocate that pursuant to Order No.372 dated 18th December, 2025, 4 toilets (2 each for Male and Female) have been made operational near the rest shed for the patients and their relatives in the campus of the Obstetrics and Gynaecology Department.
2. Dr. Satpathy, the Medical Superintendent, SCBMCH also reiterates the same and submits that four toilets (2 each for Male and Female) have been made operational near the rest shed in the campus of Obstetrics and Gynaecology Department, SCBMCH, Cuttack.
3. Mr. Mishra, learned Senior Advocate submits that the Advocates' Committee could not visit the premises on 31 st January, 2026, as directed. During inspection of installation of 128 slice CT Scan Machine, the Advocates' Committee shall also visit the premises of the Obstetrics and Gynaecology Department, SCBMCH and submit the report.
4. Put up this matter on 12th March, 2026.
(K.R. Mohapatra) Judge (V. Narasingh) Judge Page 3 of 16 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10 CLEANLINESS OF THE GROUNDS POST BALIYATRA
387. 1. Mr. Nayak, learned counsel for the Cuttack Municipal 12.02.2026 Corporation submits that pursuant to Order No.376, dated 18th December, 2025, affidavit of the Commissioner, CMC could not be filed. He, however, undertakes to file the same by 26 th February, 2026.
2. Let the affidavit by the CMC be filed by 23rd February, 2026 serving copy thereof on the Advocates' Committee.
3. Put up this matter on 26th February, 2026 along with the affidavit of the Commissioner of CMC.
(K.R. Mohapatra) Judge (V. Narasingh) Judge OTHER ISSUES
1. UNSAFE BUILDING IN CUTTACK CITY : ACTION TAKEN THEREON
388. 1. Mr. Nayak, learned Additional Government Advocate 12.02.2026 places a copy of Letter No.3928 dated 15th December, 2025, wherein it is indicated that all the concerned Departments as well as two private owners are requested to take up demolition work of the building already declared unsafe. The said copy of the letter is taken on record.
Page 4 of 16 Signature Not Verified Digitally SignedSigned by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10
2. Mr. Dash, learned Senior Advocate and Amicus Curiae by filing a memo in Court today, brought notice of this Court that a school at Mission Road, Cuttack City is not safe.
3. Hence, the Additional District Magistrate-cum-Nodal Officer, Cuttack is directed to inspect all the schools both Private and Government in Cuttack City and submit a report as to whether the buildings are safe to run the school or not.
4. Let the District Administration submit a report in that regard by 20th March, 2026 serving copy thereof on the Advocate's Committee.
5. It is needless to say that all the concerned Officers shall co-operate to submit the report within the stipulated date.
6. Put up this matter on 26th March, 2026.
(K.R. Mohapatra) Judge (V. Narasingh) Judge ISSUE RELATING TO CREMATORIUMS AND THE GRAVEYARDS 389. 12.02.2026 1. Report of the CMC in terms of order No.356 dated 20th November, 2025 is filed by ADM-cum-Nodal Officer, Cuttack.
2. The joint enquiry report of the Tahasildar Sadar and Health Officer, Cuttack regarding the state of crematorium and graveyards is taken on record.
3. The information regarding crematorium and graveyards of CMC as submitted to this Court is appended to this order for convenience of referencei.
Page 5 of 16 Signature Not Verified Digitally SignedSigned by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10
4. The report reveals a sorry state of affairs. The insensitivity and apathy of the CMC and the District Administration towards the departed and their grieving relatives is deplorable. It is indeed shocking that basic drinking water facilities are not available in Sati Chaura crematorium and the less said about the toilets the better. Khannagar Samsan, which is also under the CMC, neither has proper drinking water facilities nor toilet. Lack of basic facilities is also evidenced in the Bidanasi crematorium as well.
5. It is apt to note that all these crematoriums are being maintained by the CMC.
6. So far as other crematoriums are concerned, which are maintained by Trust, local bodies, village committees etc. there is also lack of basic amenities.
7. Ms. Kirandeep Kaur Sahota, IAS, the Commissioner CMC who appeared through virtual mode intimated this Court that tender has been floated for Sati Chaura crematorium for its long term development and the process is being expedited.
But until the renovation work as per such tender is taken up, those coming to perform the obsequies cannot be allowed to suffer. Accordingly, this Court directs that as a temporary measure drinking water be made available 24x7 hour at all crematoriums as well as steps be taken to ensure that toilets are in a hygienic state and wherever there are no toilets, temporary ones like the one installed during Baliyatra be provided till toilets are constructed and the cleanliness of the temporary toilets shall be ensured.
8. An affidavit regarding the compliance as per the direction as above shall be submitted by 20.03.2026 and the matter shall Page 6 of 16 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10 be taken up for consideration on 26th of March, 2026 on which date this Court shall also be apprised regarding the state of the tender for renovation of the crematorium at Sati Chaura.
9. So far as the crematorium(s) which are being maintained by the local bodies/village committees/trust, the Nodal Officer of the District Administration shall call for a meeting of all concerned on or before 02.03.2026 and impress upon them to provide facilities as directed above in respect of the crematoriums maintained by the CMC. The Nodal Officer shall file an affidavit indicating the progress made in this regard relating to each of the crematoriums which are not maintained by the CMC by 20.03.2026.
10. Put up this matter on 26th of March, 2026.
11. A well designed crematorium can be a sanctuary for the grieving offering the solace and peace. ("The Denial of Death":
Ernest Becker) This Court fervently hopes that the CMC as well as village committees, trust and the local bodies who are looking after the maintenance of the crematorium and graveyards under their control would make an endeavor to ensure that those who come to the crematorium are not denied these basic facilities in their hour of grief.
(K.R. Mohapatra) Judge (V. Narasingh) Judge Page 7 of 16 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10 ISSUE RELATING TO NOISE POLLUTION IN MARRIAGE PROCESSIONS & FUNCTION HALLS
390. 1. In absence of Deputy Commissioner, Mr. Sudarashan
12.02.2026 Das, Additional DCP appears through virtual mode and submits that all the Inspectors in-charge of Cuttack Commissionerate have been instructed to strictly follow the sound level to prevent noise pollution.
2. Members of Bar across the Board stated that such instruction is being violated with impunity and raised serious concern regarding the use of laser lights in the marriage procession and also relating to noise pollution.
3. Considering the concern as expressed, this Court directs that during the marriage procession in the Cuttack Commissionerate, no laser light shall be used and the decibel level of sound system used should not be more than 65 decibels and it shall be ensured that no marriage procession is allowed beyond 10.00 P.M.
4. All the Inspectors-in-Charge of Cuttack Commissionerate shall be accordingly instructed.
For any deviation of the aforementioned directions, the concerned Inspector-in-Charge shall be held accountable.
5. Put up this matter on 26th February, 2026.
(K.R. Mohapatra) Judge (V. Narasingh) Judge Page 8 of 16 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10 ILLUMINATION OF STREET LIGHTS/STREET LIGHTS NOT FUNCTIONING IN DIFFERENT AREAS OF CMC AND ISSUE RELATING TO TRAFFIC (LIGHTS & CAMERA)
391. 1. In compliance to the order No.333-D dated 25.09.2025, 12.02.2026 Mr. Nayak, learned Additional Government Advocate for the Cuttack Municipal Corporation refers to the report of the Additional Commissioner, Cuttack Municipal Corporation dated 12.02.2026, which is reproduced hereunder;
"All the street lights which have been pointed out by the learned Advocates' Committee, are now made functional, except the street lights in Ward No.55, i.e. from Kanheipur Primary School to Bhadimula on Mahanadi River Embankment Road. Regarding erection of 70 nos. of LT Line Poles in Ward No.55 i.e. from Kanheipur Primary School to Bhadimula on Mahanadai River Embankment road, the same was administratively approved, but due to model code of conduct for Nuapada Bye-Election, Tender could not be invited. However, tender was invited on dated 18.11.2025 and the said Tender was opened on 29.11.2025. After evaluation of the tender, 06 (Six) nos. bidders were short listed for lottery for final selection of Bidder and the said lottery was held on 12.12.2025. After the lottery, one M/s.
Eastern Engineering of Madhupatna, Cuttack was selected and in the meantime, the said agency has started the work and the same will be completed within one month"
2. The compliance report shall be filed by 31.03.2026 serving copy thereof on learned Advocates' Committee.Page 9 of 16 Signature Not Verified Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10
3. Put up this matter on 09th April, 2026.
(K.R. Mohapatra) Judge (V. Narasingh) Judge DUMPING YARD AND MCCS (MICRO COMPOSTING CENTRES) 392 1. Mr. Kamaljit Dash, OAS, Additional District 12.02.2026 Magistrate-cum-Nodal Officer, Cuttack intimates the Court that advance possession of nine acres of land at Khaira Mouza in Tangi Choudwar Tahasil has already been handed over to Cuttack Municipal Corporation.
2. An application has been received from Cuttack Municipal Corporation for allotment of additional land in Tangi Choudwar Tahasil.
3. This Court is assured that the additional land shall be identified and advance possession shall be given to the Cuttack Municipal Corporation within seven days.
4. Ms. Kirandeep Kaur Sahota, IAS, the Commissioner CMC appearing through virtual mode submits that the nine acres as allotted to Cuttack Municipal Corporation by the District Administration shall be used for construction of CBG and Green Charcoal plants.
Once the twenty acres of additional land as applied for is provided, the dumping yard at Sati Chaura shall be sifted.Page 10 of 16 Signature Not Verified Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10
5. Compliance affidavit shall be filed by the Additional District Magistrate-cum-Nodal Officer, Cuttack and the Commissioner of the Cuttack Municipal Corporation by 06th March, 2026.
6. Put up this matter on 12th March, 2026.
(K.R. Mohapatra) Judge (V. Narasingh) Judge ISSUE RELATING TO USE OF PLASTIC 393
1. Put up this matter on 19th of March, 2026 on which date 12.02.2026 the Commissioner-cum-Secretary, Department of Housing and Urban Development, Government of Odisha, the Collector, Cuttack and the Commissioner, Cuttack Municipal Corporation and the DCP, Cuttack shall remain present in person/virtual mode to assist the Court in dealing with plastic menace in an effective member.
(K.R. Mohapatra) Judge (V. Narasingh) Judge RELATING TO JALASAYA IN CUTTACK CITY AND PETANALA 394
1. Mr. Ajoy Mohanty, learned counsel places on record the 12.02.2026 case law in Tapan Kumar Das vs. Commissioner, Cuttack Page 11 of 16 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10 Municipal Corporation & Ors., reported in 115 (2013) CLT
- 407 which is taken on record.
2. Put up this matter on 19th March, 2026.
(K.R. Mohapatra) Judge (V. Narasingh) Judge SATYABRATA STADIUM
395. 12.02.2026
1. Mr. P.K. Parhi, learned Senior Advocate, DSGI submits that an affidavit of Archeological Survey of India shall be filed within 7 days.
2. Let an affidavit be filed by 20.02.2026 serving a copy thereof on the learned Advocates' Committee as well as the State counsel.
3. Put up this matter on 26th February, 2026 when the Collector, Cuttack and the DCP Cuttack as well as the Commissioner, Cuttack Municipal Corporation shall remain present either virtually or in person to assist the Court on the issue.
(K.R. Mohapatra) Judge (V. Narasingh) Judge Page 12 of 16 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10 MAKING THE PARKS USER FRIENDLY FOR DIFFERENTLY ABLED
1. Mr. B.B. Choudhury, learned counsel and members of
396. 12.02.2026 Advocates' Committee submits that he will file a report regarding the facilities available and the above issues relating to the parks which are required to be addressed, by the next date.
2. Put up this matter on 06th March, 2026.
(K.R. Mohapatra) Judge (V. Narasingh) Judge REMOVAL OF ENCROACHMENTS FROM MANGALABAG SQUARE TO ACHARYA HARIHAR POST GRADUATE INSTITUTE OF CANCER 397
1. Learned Additional Government Advocate, Mr. D. 12.02.2026 Nayak, submits that the stretch from Mangalabag Square to Acharya Harihar Post Graduate Institute of Cancer is free of encroachment.
2. The Advocates' Committee, schedule to visit the SCBMCH relating to installation and use of 128 slice CT Scan machine and shall also submit a report regarding the veracity of removal of the encroachments in question.Page 13 of 16 Signature Not Verified Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10
3. Put up this matter on 12th March, 2026.
(K.R. Mohapatra) Judge (V. Narasingh) Judge S.S. Satapathy i Page 14 of 16 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10 Page 15 of 16 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 12-Feb-2026 22:01:10 Page 16 of 16