Orissa High Court
Registrar (Judicial) vs State Of Odisha & Others .... Opp. ... on 18 September, 2025
Bench: S.K. Sahoo, V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
SUO MOTU W.P.(C) PIL No.2140 of 2020
Registrar (Judicial),
Orissa High Court, Cuttack .... Petitioner
Er. N.K. Mohanty
Amicus Curiae
Mr. Bijay Kumar Dash
Amicus Curiae
-versus-
State of Odisha & others .... Opp. Parties
Mr. Manoj Kumar Mishra
Senior Advocate
President, OHCBA
Mr. Avijit Pattnaik
Advocate
Secretary, OHCBA
Mr. Debasis Nayak-A
Addl. Govt. Advocate &
Advocate for C.M.C.
Mr. Partha Sarathi Nayak
Addl. Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
Signature Not Verified
Digitally Signed
JUSTICE V. NARASINGH
Signed by: SIPUN BEHERA
Designation: Senior Stenographer
Reason: Authentication
Location: HIGH COURT OF
ORISSA, CUTTACK
Date: 18-Sep-2025 21:14:14
Page 1 of 56
ORDER
18.09.2025 This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
S.C.B. MEDICAL COLLEGE AND HOSPITAL
PROBLEMS
PROCUREMENT OF 128 SLICE CT SCAN
MACHINE FOR RADIODIAGNOSIS DEPARTMENT, SCBMCH, CUTTACK Order No. As per order no.298-A dated 14.08.2025, 322-A. this Court asked the OSMCL and the Superintendent, 18.09.2025 SCBMCH, Cuttack to file their respective affidavits clarifying as to why the running of CT Scan machine in PPP mode has been extended when there is another machine, which is ready for installation. The Superintendent, SCBMCH, Cuttack was also asked to indicate in the affidavit as to whether there is any possibility of providing a site for installation of the additional machine, keeping in view the increasing demand of the patients as this Court was informed that such facility is also availed by the patients of City Hospital, Cuttack and Sishu Bhawan, Cuttack.
Prof. (Dr.) Goutam Kumar Satpathy, Medical Superintendent I/c, SCBMCH, Cuttack, who Page 2 of 56 is present through virtual mode has filed an affidavit dated 16.09.2025, wherein it is stated as follows:
(i) At present three (3) CT Scan machines are functional at SCBMCH, Cuttack. Out of the three machines, two (2) new in-house CT Scan machines are functional at the Regional Diagnostic Centre in front of Trauma Casualty and the third CT Scan machine is functional under PPP mode at the Radiology Department of SCBMCH, Cuttack;
(ii) All the three CT Scan machines are functional to cater to the existing and anticipated load of 200 to 300 numbers of cases at SCBMC&H, Cuttack per day;
(iii) So far as the extension/continuance of the CT Scan Machine under PPP mode is concerned, it is stated that the agreement period with the agency is for 10 years w.e.f. 28.12.2018.
The agreement is renewable every 5 years. Hence the period of agreement has not expired and the agreement is valid until 27-12-2028 subject to periodic evaluation;
(iv) During breakdown/preventive maintenance of a CT Scan Machine, the other two CT scan machines will be utilized as back-up for providing un-interrupted services to patients;
Page 3 of 56(v) PPP Service provider adds to the existing resource personnel of SCBMCH (Reporting Radiologist, Technicians etc.) for smooth testing and reporting of the CT Scan cases;
(vi) The Hospital has got limited technical human resources to run the high end machines such as CT Scan, MRI and Ultrasound machines. It is relevant to state here two (2) high-end Ultrasound machines have also been installed from the CSR fund of Power-Grid Corporation of India and are functional since 07.07.2025;
(vii) The operation of all the high end machines as stated above is being managed by the existing human resource personnel. The number of such personnel is disproportionately less than the actual requirement. Hence, in the event of increased caseload / emergency or where additional machines are installed (like the MRI machines as stated above), resource personnel from the Radio diagnosis Department will be further engaged putting more strain on the available human resources of the Radio diagnosis Department. Hence, operation of the CT Scan machine in PPP Mode will act as additional support to the existing in-house resource personnel of SCBMCH, Cuttack. Therefore, a decision has been Page 4 of 56 taken to retain the CT scan services through PPP mode;
(viii) The remaining 128 Slice CT Scan Machine, which is ready for delivery, was actually intended for the SCB redevelopment site. Delivery of the said CT Scan machine will be taken and the machine shall be installed based on-site readiness after completion of the redevelopment programme of SCBMCH, Cuttack.
The affidavit filed by Prof. (Dr.) Satpathy, Medical Superintendent I/c, SCBMCH, Cuttack dated 16.09.2025 is taken on record.
Taking into account the affidavit of Prof. Satpathy that because of infrastructural issue, the 128 Slice CT Scan Machine, which costs around Rs.12 Crores cannot be readily installed in SCBMCH, Cuttack, this Court enquired from Professor Dr. Pravakar Mishra, Superintendent, SVPPGIP as to whether the said machine can be installed in the Sishu Bhawan, Prof. Mishra intimates this Court that so far as space is concerned, it wouldn't be a deterrent factor. Hence, learned counsel for the State is requested to explore the possibility of installation of 128 Slice CT Scan Machine, which is otherwise ready for delivery, in Sishu Bhawan Page 5 of 56 instead of SCBMCH, Cuttack since admittedly the patients from Sishu Bhawan are also being referred to SCBMCH, Cuttack for the purpose of scanning. Moreover, this Court is informed both by Prof. Mishra and Prof. Satpathy that this particular 128 Slice CT Scan Machine can also cater to the needs of the pediatric patients.
Dr. Poma Tudu, Managing Director, Odisha State Medical Corporation Ltd., (OSMCL) has filed an affidavit dated 16.09.2025, wherein it is stated as follows:
(i) At SCBMCH, Cuttack, presently three nos. of CT Scan machines are functional. Two new in-house CT Scan machines are functional at Regional Diagnostic Centre in Trauma Casualty. One CT Scan machine is functional in PPP mode at the Radiology Department of SCBMCH, Cuttack;
(ii) The Committee consisting of the MD, OSMCL, Superintendent, SCBMCH, Cuttack, Jt.
DMET, Registrar Administration -cum- General Superintendent, SCBMCH, Cuttack, Dean & Principal, SCBMCH, Cuttack, Prof. & HOD, Dept. of Radiology, SCBMCH, Cuttack & GM-Operation (Equipment), OSMCL with other officials of OSMCL in its meeting dtd. 09-09-2025 had discussed regarding smooth Page 6 of 56 operationalization of CT Scan services at SCBMCH, Cuttack;
(iii) In the said meeting, it was observed that presently the CT scan caseloads generated at SCBMCH, Cuttack are approx. 200-300 cases per day which will be increasing subsequently in future for which at least three nos. of CT Scan Machines are required.
With the existing manpower, the Radiology Department is able to cater about 60-70% of the total case load as they also have to report other Radiological Investigations such as MRI scan, Ultrasound, Xray, Mammography, Special Radiological procedures such as Image guided Biopsies and Fluoroscopy etc. The balance cases are being reported by the CT Scan Machine operated through PPP mode. Therefore, PPP mode of operation of CT Scan acts as additional support to the existing in-house resource person of SCBMCH.
(iv) During breakdown/preventive maintenance of any CT Scan machines, the other two CT Scan machines will be utilized as a back-up for providing un-interrupted service to the patients;
(v) So far as the extension/continuance of the CT Scan machine under PPP mode is concerned, Page 7 of 56 it is stated that the agreement period is for 10 years w.e.f. dated 28.12.2018, which is renewable in every 5 years. Hence the period of agreement has not expired and the agreement is valid till dated 27.12.2028 with periodic evaluation;
(vi) It is further stated in the affidavit that it was discussed and agreed upon by the Committee in its meeting dated 09.09.2025 that the PPP service provider provides support to the existing resource personnel of SCBMCH (Reporting Radiologist, Technicians etc.) for smooth testing and reporting of the CT Scan cases and also acts as a backup in case of emergencies. Therefore, it has been decided for the continuance of the CT Scan services through PPP mode;
(vii) The rest one no. of 128 Slice CT Scan Machine, which is ready for delivery, was actually intended for the SCB redevelopment site. The said CT Scan Machine will be supplied based on site readiness and after completion of redevelopment programme of SCBMCH, Cuttack.
The affidavit dated 16.09.2025 filed by the MD, OSMCL is taken on record.
List this matter on 23.10.2025.
Page 8 of 56Instruction shall be obtained by the learned counsel for the State in the meantime regarding feasibility of installation of 128 Slice CT Scan Machine in Sishu Bhawan instead of SCBMCH, Cuttack.
CCTV Cameras:
As per order no.298-A dated 14.08.2025, the Superintending Engineer, R & B, Division-I, Cuttack was asked to file an affidavit regarding installation of CCTV cameras with surveillance system in all the patient attendant sheds.
Learned counsel for the State has produced the letter no.22163 dated 17.09.2025 of the Medical Superintendent, SCBMCH, Cuttack addressed to the learned Advocate General, Odisha, wherein it is stated that regarding installation of CCTV cameras, the Superintending Engineer, R & B, Division-I, Cuttack has been requested vide this office letter No.19256 Dtd. 16.08.2025 for installation of CCTV Camera (with audio and video recording) at suitable location of Radio-Diagnosis Department and Regional Diagnostic Centre (RDC) to ensure effective monitoring scanning centers and prevent allegations of patient diversion to private clinics. In this connection, SCBMCH, Cuttack has Page 9 of 56 been communicated vide Superintending Engineer, R & B, Division-I, Cuttack letter No.14710 dtd.16.09.2025 that the installation work of CCTV cameras in the Radio Diagnosis Department and RDC has been started and likely to be completed within ten days. Copies of letter No.19256 Dtd. 16.08.2025 and letter No.14710 dtd. 16.09.2025 have been annexed to the letter as Annexure-A Series.
It is further stated in the letter that the installation of CCTV camera with surveillance system in all patient attendant sheds in SCBMCH, Cuttack has been completed. The letter no.1046 dated 02.09.2025 of the Asst. Executive Engineer, GE Sub-
Division I, R & B Division No.I, Cuttack indicating the details of CCVT surveillance system has been annexed to the letter as Annexure-C. The letter dated 17.09.2025 is taken on record.
Md. Shahbaz, Superintending Engineer, R & B Division No.1, Cuttack has filed an affidavit dated 16.09.2025, wherein it is stated that a total number of 84 CCTV Cameras along with surveillance system have been installed and tested in all patient attendant sheds including at Super specialty OPD Non-Trauma Causality, in front of Surgery OPD, Page 10 of 56 beside New Medicine Building, etc. in SCBMCH, Cuttack. The detailed list of all locations where CCTV Cameras have been installed has been annexed to the affidavit as Annexure-A. DISPLAY BOARDS:
When this issue was taken up on 14.08.2025, Prof. (Dr.) Goutam Kumar Satpathy, Superintendent I/c, SCBMCH, Cuttack informed this Court that necessary communication in this regard has already been made with OCAC and such communication has been endorsed to DMET and on getting administrative approval, the OCAC would install the display board and accordingly he was asked to place instruction in this regard.
Learned counsel for the State has produced the letter no.22163 dated 17.09.2025 of the Medical Superintendent, SCBMCH, Cuttack, wherein it is stated that necessary communication was made with OCAC for installation of Display Boards. Meanwhile, the DMET, Odisha vide letter No.18917 dtd.11.09.2025 has sanctioned the funds for installation of 2 nos. of Display system in the CT Scan and MRI areas of SCBMCH, Cuttack as submitted by the CEO, OCAC. A copy of DMET, Odisha letter No.18917 dtd.11.09.2025 has been Page 11 of 56 annexed to the letter as Annexure-B. Learned counsel for the State informs this Court that the tender has been floated on 13.09.2025 and to complete the tender process and installation of Display Boards, it will take one month.
Accordingly, list this matter on
23.10.2025.
Status of installation of such Display
Boards shall be intimated to this Court by the next date.
COMPLAINT/SUGGESTIONS PORTAL:
When this issue was taken up on 14.08.2025, Prof. (Dr.) Goutam Kumar Satpathy, Superintendent I/c, SCBMCH, Cuttack submitted that a complaint/suggestions box has been put in place to redress the grievances of the patients and he assured this Court to explore the possibility of providing a designated mobile number and e-mail ID in which such complaints/suggestions could be lodged and also assured that periodically, such complaints are to be looked into and necessary corrective steps would be taken on this count.
Learned counsel for the State has produced the letter no.22163 dated 17.09.2025 of the Medical Superintendent, SCBMCH, Cuttack Page 12 of 56 addressed to the learned Advocate General, Odisha, wherein it is stated that for lodging complaint/suggestions, a designated mobile number and E-mail ID has been displayed near the complaint/suggestion box. The designated mobile no.
is 9437026080 and the E-mail ID is [email protected].
Prof. (Dr.) Satpathy informs that after installation of complaint/suggestion mechanism in the Month of July, 2025, as on date, no complaint has been received and as and when any complaint or suggestion is received, the same shall be acted upon.
(S.K. Sahoo) Judge (V. Narasingh) Judge OPD TICKET REGISTRATION/ ABSENCE OF SHED FOR THE PATIENTS AND THEIR RELATIONS IN PATHOLOGY DEPARTMENT 322-B. When these issues were taken up on 18.09.2025 14.08.2025 and it was informed to this Court that the service of online OPD Registration 24x7 has Page 13 of 56 commenced and R & B Department has completed the construction of shed in front of the Pathology Department, the Advocates' Committee was requested to submit a report on these issues.
The Secretary, Orissa High Court Bar Association seeks some more time to submit the report.
List this matter on 23.10.2025.
(S.K. Sahoo)
Judge
(V. Narasingh)
Judge
ISSUES RELATING TO TRAFFIC IN AND
AROUND CHANDI MANDIR AND REGULATION OF MOVEMENT OF HEAVY VEHICLE
323. As per order no.321 dated 11.09.2025, 18.09.2025 this Court asked the DCP, Cuttack to file an affidavit regarding traffic management in and around Chandi Mandir and regulation of movement of heavy vehicle.
Mr. Rishikesh Dnyandeo Khilari, Dy. Commissioner of Police, Cuttack, who is present through virtual mode has filed an affidavit dated Page 14 of 56 16.09.2025, wherein it is stated as follows:
(a) The DCP has issued letter No. 1723/DCP(OJC-Cell) dated 12.09.2025 to ACP,
Traffic, Cuttack UPD, directing him to take sincere and effective steps to implement the directions of this Court and impose fine against illegal entry of heavy goods vehicle inside the City limit during the peak hour of the day. Further ACP Traffic, Cuttack UPD has been directed to ensure that illegal parking of vehicles on the road which causes severe traffic problem does not happen and also no hindrance to the public for smooth passage on the road and submit a factual report. A copy of the said letter No. 1723/DCP(OJC-Cell) dated 12.09.2025 has been annexed to the affidavit as Annexure-A;
(b) The DCP has further directed all IICs of the City including ACP Traffic, all Zonal ACsP, Cuttack UPD vide letter No.1724/DCP(OJC-Cell) dated 12.09.2025 by enclosing the Commissioner's Order (CO) No.01/2014 passed by the then Commissioner of Police, Bhubaneswar-Cuttack for the interest of public safety, traffic and convenience & directing them to take sincere and effective steps to implement the directions of this Court. The following measures have been taken for smooth Page 15 of 56 passage of vehicular traffic and to avoid inconvenience to general public;
(i) That no goods carriers (06 or more- wheeler trucks and tractors and trailer) shall be allowed to take a diversion from National and State Highways to ply on the roads within the city limits of Cuttack between 8.00 a.m. to 10.00 p.m.;
(ii) Sensitizing the general public as well as the shopkeepers of the locality in regular intervals about the order of this Court through public address system and to ensure that no one is allowed to park vehicles illegally on the road in front of malls/shops in such a way led to traffic congestion;
(iii) To ensure no heavy vehicle especially goods vehicle shall be allowed within the City limits between 8.00 a.m. to 10.00 p.m. for loading and unloading of goods, which will cause inconvenience to the general public;
(iv) To ensure prohibition of parking of vehicles in "No Parking" areas;
(v) To continue enforcement drive against violators for illegal parking of heavy vehicles as well as Light Motor Vehicle and two wheelers in unlawful manner on the public road;
Page 16 of 56(vi) Intensive police patrolling will be made regularly and fine will be imposed on the erring persons as per provision of law;
(vii) Ensure keeping the road free from illegal parking during the peak hour of the day in respective PSs jurisdiction to avoid inconvenience to the traffic;
(viii) To intimate regular developments in this regard to the undersigned in daily morning Sitrep. (*Situation Report).
ACP Traffic, Cuttack UPD and all IICs of the Cuttack UPD have been directed regularly to monitor the issue, increase surveillance to identify and to prevent illegal parking on the public road and to ensure proper implementation of the order of this Court in true letter and spirit.
(c) The ACP, Traffic, Cuttack UPD has submitted his report to the DCP vide letter No. 1395/ACP-Tr dated 15.09.2025, wherein it has been emphasized that a field visit was conducted around the Chandi Mandir area to identify suitable parking places for visitors, with the aim of ensuring smooth traffic flow and minimizing public inconvenience.
It is further stated that there is no specific parking place available nearest to the Chandi temple, Page 17 of 56 Cuttack nor any provisions have been made in the present plan. However, the following listed locations have been identified by the joint teams of ACP Traffic, ACsP Zone-II and Zone-III, IICs Cantonment, Lalbag and Bidanasi P.Ss as feasible alternatives for the upcoming festive season.
SL Name of the selected Type of P.S
No. parking place vehicle jurisdiction
1 Inside Gate No.1 of 4 & 2 Cantonment
Christ College Wheelers P.S
2 Ground near inside Gate 4 & 2 -do-
No.2 of Christ College Wheelers
3 Chandi Mandir New 2 Wheelers -do-
Market Complex
4 Science block of Sailabala 2 Wheelers -do-
Women's College
5 Union Club Parking 4 Wheelers Lalbag P.S
(*Note - When concern was raised regarding
commuting facility to be made available to the elderly and physically challenged persons, the DCP informs this Court that to address such issue, they are planning to provide drop facility to the vehicles in which such persons would be travelling or battery operated smaller transport will cater to their need).
It is further stated that comprehensive instructions have been circulated to all traffic personnel under Cuttack Urban Police District (UPD), through the Inspectors-in-Charge of both Traffic Page 18 of 56 Police Stations. They have been specifically directed to adopt stringent measures to ensure the following:
Restriction on the entry of heavy vehicles within the city limits during the festive period, particularly during peak hours, to prevent obstruction of traffic flow and reduce the risk of accidents;
Immediate removal of unauthorized and improperly parked vehicles, especially in and around high-footfall areas such as religious sites, market places, and narrow roads, to maintain road clearance and facilitate smooth vehicular movement;
Deployment of adequate traffic personnel at key junctions and sensitive points to regulate traffic and manage crowd movement efficiently;
Besides that, introducing one way traffic regulation system for smooth movement of visitors and special corridor for uninterrupted movement of emergency vehicles through public advisory in print media;
Furthermore, commercial establishments have been instructed not to allow Page 19 of 56 the entry of their goods or service vehicles into the city during the restriction hours. They have also been directed to avoid parking any commercial vehicles on public roads, particularly in congested or high-traffic areas, as such practices contribute significantly to traffic bottlenecks and public inconvenience;
Strict enforcement of these measures is to be ensured throughout the festive period in the interest of public safety, smooth mobility, and overall traffic management.
In the year 2025, from 1st January 2025 to 31st August 2025, total 7959 nos. of vehicles have been detected for illegal parking under MV Act and fine imposed is Rs.45,89,000/-. Similarly total 2321 nos. of vehicles have been fined under OUP Act and collected Rs.11,62,500/- against violators during the enforcement drives. The copy of letter No. 1403/ACP-Tr dated 15.09.2025 of ACP Traffic has been annexed to the affidavit as Annexure-B. It is further stated that additional police and traffic personnel will be deployed at Chandi Chhak to strictly enforce traffic regulations for the hassle-free movement of visitors. A detailed Page 20 of 56 arrangement is being chalked out comprising of one platoon force, 10 traffic constables and officers, proper queuing and barricading arrangements, fire ambulance and other safety arrangements are being made as per the ground level assessment. The copy of letter No.1395/ACP-Tr dated 15.09.2025 of ACP Traffic has been annexed to the affidavit as Annexure-C. Traffic Diversion
(a) It is further stated in the affidavit that like every year, this year also there is provision of diversion of traffic system in and around of Chandi temple as well as inside Cuttack city. Few no vehicle zones are being identified for better traffic regulation and traffic diversion. These will be communicated to the general public through traffic advisories to be issued during upcoming festive season;
(b) It is further stated that the Cuttack UPD Police Administration is taking sincere steps to keep the roads free from traffic congestion, illegal parking. Regular awareness is also being created by the IICs of different Police Stations within their respective jurisdictions, and by the Traffic Wing, through public address systems, sensitizing the public not to create hindrances on public roads and Page 21 of 56 to cooperate in the smooth regulation of traffic.
(S.K. Sahoo) Judge (V. Narasingh) Judge ABSENCE OF STREET LIGHT AND TRAFFIC CONTROL IN THE ROAD LEADING FROM JOBRA UP TO BIRIBATI TARINI TEMPLE
324. When this issue was taken up on 18.09.2025 07.08.2025, learned counsel for the State was asked to obtain instruction as to when PWD (R & B) Department, Cuttack would complete the work which falls on their part.
Learned counsel for the CMC has produced the compliance report of the CMC dated 17.09.2025, wherein it is stated as follows:
(i) Regarding installation of Street Light at Taladanda canal embankment Road on Right Side (NH-16 to Nuabazar Fly Over)", the said work has been completed. However, Sub-Station Charging is pending with TPCODL. They have assured to charge the Sub-Station within two weeks by observing all formalities;Page 22 of 56
(ii) Similarly, another work namely "Installation of Street Light along left embankment of Taladanda Canal (NH-16 Junction to Nayabazar Fly Over)" has not yet been started due to non-
completion of construction of Top Key wall of the Taladanda Canal which is being executed by Mahanadi South Division, Cuttack/Odisha Construction Corporation Limited (OCCL). So for expediting the construction of said Top Key wall and as per instruction of the Commissioner, CMC, a joint visit was done by Engineering Team of CMC, Mahanadi South Division, Cuttack and OCCL, Cuttack on dated 05.08.2025 to Taladanda Canal site. After observation of the site by the Team of Engineers, it was observed that a total number of 08 (Eight) out fall points have been identified which are currently discharging storm water into the Taladanda Canal for which it is obstructing to execute the said work, i.e. "The construction of Top Key Wall of Taladanda Canal". Hence, it was decided by team of Engineers that CMC shall make necessary pumping arrangement for discharging of storm water temporarily into the existing MSWC drain which is at the right side of Taladanda Canal, till the construction of permanent drain parallel to Page 23 of 56 Taladanda Canal side. However, as discussed with Superintending Engineer, Mahanadi South Division, Cuttack, it is ascertained that water is flowing/is being reserved in the Taladanda Canal for supply of water for Kharif cultivation purposes upto 15th November, 2025 which is a statutory order of the Government and after that it will take at least 15 days' time for drying of Taladanda Canal, i.e. by 30.11.2025. After that, Mahanadi South Division/OCCL will be able to start "the execution of the construction of Top key wall of Taladanda Canal". Within that time, i.e. by 30.11.2025, CMC will complete the necessary arrangements for closing of 08 nos. of out fall points so that Water Resources Department/OCCL can start the work from December, 2025. Hence, after completion of the said Top Key Wall of Taladanda Canal, the Engineering Section of CMC will start the above mentioned Street Lighting work, i.e. from N.H-16 Junction to Nayabazar Fly Over;
(iii) It is further stated in the compliance report that, the work namely "Installation of Street Light from Taladanda Canal embankment road at Nayabazar Junction to Mattagajpur Nuabandha Level Crossing (RHS)", is under progress. The expected Page 24 of 56 date of completion of the said project is within 04 months as per agreement with the Bidder. Hence, it is expected that the said work will be completed by 15th December, 2025;
(iv) However, the canal road from Mattagajpur Nuabandha Level Crossing to Biribati Tarini Temple, which is approximately 03 Kms., is not coming under the CMC jurisdiction, which is required to be taken up by the R & B Division No.-II, Cuttack.
The compliance report of the CMC dated 17.09.2025 is taken on record.
On perusal of the compliance report submitted by CMC dated 17.09.2025, it is apparent that "Installation of Street Light along left embankment of Taladanda Canal (NH-16 Junction to Nayabazar Fly Over)" could not commence due to non-completion of construction of Top Key wall of the Taladanda Canal.
During the course of hearing, it was brought to the notice of this Court that entire area on the left embankment of Taladanda Canal is pitched in darkness particularly from OMP overbridge running towards Kathajodi (NH-16 Junction) to Nuabazar Flyover. Many untoward incidents happen Page 25 of 56 on account of darkness prevailing in that area. The provision and maintenance of street light is an obligatory function of CMC. Since it is stated in the compliance report of the CMC that after completion of Top Key Wall of Taladanda Canal, the Engineering Section of CMC will start the street lighting work from NH-16 Junction to Nayabazar Flyover, the necessity of temporary arrangement for lighting the area becomes very much necessary. To address the issue, the Commissioner, CMC who is present on virtual mode has assured that she would look into this issue and make provision for solar lights in that area and an alternative arrangement on emergent basis shall be made till solar lights are put in place.
Taking into account the urgent need, this Court expects that some effective steps in this regard shall be taken. The compliance report shall be filed by the next date.
List this mater on 25.09.2025.
(S.K. Sahoo) Judge (V. Narasingh) Judge Page 26 of 56 CONDITIONS OF ROADS AND DRAINS
325. As per order no.264 dated 11.07.2025, the 18.09.2025 Chief Engineer, R & B Division and City Engineer were called upon to file individual affidavit on the following aspects:
(i) the quality of roads in each of the Wards falling within their jurisdiction and the time frame within which the repair work would be carried out and should also indicate what actions have taken against the errant contractors because of the dismal quality of such work.
(ii) as to whether there is any clause in the contract by which amounts from RA and final bill could be withheld as security to ensure future maintenance and if not to take steps to incorporate the same. In order to arrest the squandering of the public money by unscrupulous contractors, a time frame must be incorporated in the contracts making them liable to undertake any repair during such timeline and in case of urgency, if such repairs could not be made by the contractors, adequate provision should be made so as to recover the cost incurred on the said count from the said contractors.
Mr. Dhyanchand Nayak, Chief Engineer (Roads-I), Bhubaneswar has filed an affidavit dated Page 27 of 56 07.08.2025, wherein it is stated as follows:
(i) During the rainy season, R & B Divisions-I & II, Cuttack took up pothole repair work using cold bitumen/ lOCL Durapave Emulsis Plus (Instant precoated aggregate for road repairing) on the arterial roads under R & B, Divisions I & II, Cuttack.
(a) As regards roads under the supervision of R & B Division I, tender has been invited vide bid identification No.22 of 2025-26 dated 21.07.2025 covering different chainages of 15 nos. of arterial roads & ring road for which renewal coat of bitumen will be laid for smooth movement of traffic and accordingly the work will be completed by 20.09.2025.
(b) As regards roads under the supervision of R & B Division II, out of 6 roads under the said Division, 4 nos. of roads have already been repaired with proper bitumen top. Two nos. of roads have been temporarily repaired with Instant precoated aggregate. For permanent repair of remaining 2 roads, tender will be invited by 10.08.2025. After tender formalities, the work order will be issued by 30.08.2025 and the work will be completed by 10.09.2025.
Page 28 of 56(ii) It is further stated in the affidavit that as per clause 11 of PI Agreement "The amount of security money to be deposited by the tenderer whose tender is selected for acceptance shall be (7 or 5 percent) of the estimated value of the work and towards this amount the earnest money already deposited by him shall be credited."
Accordingly, in all agreements, security deposit of (7 or 5 percent) is being withheld from the agencies until the defect liability period is over.
(iii) It is further stated in the affidavit that as per clause 78 of DTCN of P1 agreement, "any defects, shrinkage or other faults which may be noticed within defect liability period, i.e., 12 to 36 months from the completion of the work arising out of defective or improper materials or workmanship, upon the direction of the Engineer-in-Charge are to be amended and made good by the contractor at his own cost unless the Engineer for reasons to be recorded in writing shall decide that they ought to be paid for and in case of default, Department may recover from the contractor the cost of Page 29 of 56 making good the works. The defect liability period for the work is 12 to 36 months from the date of successful completion of the work."
It is further stated in the affidavit that there is provision for withholding of the amount deposited by the contractors as performance security/ security deposit until completion of defect liability period for 1 to 3 years and making the contractors liable to pay compensation to the Government in case any defect arises during or after construction of road work.
Learned counsel for the CMC has produced the compliance report of the CMC dated 17.09.2025, wherein it is stated that all the major roads within CMC area are being executed, repaired and maintained by R & B Division Nos.I & II, Cuttack. Similarly, all the minor/internal roads are also being executed, repaired and maintained by CMC as well. Hence, CMC has been undertaking necessary repair works of all minor/internal roads as and when required. In view of ensuing Durga Puja Festival, CMC has already started the repair works/pothole works of the damaged internal roads wherever it is required. Since, all the Engineering personnel are Page 30 of 56 very much engaged for urgent repair/renovation of damaged roads which needs to be completed within stipulated time line in view of the ensuing Durga Puja. Hence it is prayed that the details of execution of the roads of all 59 nos. of Wards shall be submitted before this Court, after the Durga Puja Festival is over.
The issue relating to repair and reconstruction of the road from "Advocate Loknath Udgata Residence to Ganeriwala House at Madhusudan Nagar in Ward No.16" was raised during the course of hearing.
Referring to the representation to the Mayor, Cuttack Municipal Corporation, it was submitted by the learned Senior Counsel, Mr. N.K. Mishra that because of the inaction of the Cuttack Municipal Corporation, the residents are facing immense difficulties.
Ms. Kirandeep Kaur Sahota, IAS, the Commissioner, CMC, who is present through virtual mode, is called upon to look into it and the steps taken in this regard shall be considered in the next sitting i.e. on 25.09.2025.
Page 31 of 56List this matter on 25.09.2025.
(S.K. Sahoo) Judge (V. Narasingh) Judge ISSUE RELATING TO TRAFFIC (LIGHTS & CAMERA)
326. As per order no.306 dated 26.08.2025, 18.09.2025 learned counsel for the State was asked to obtain instruction from the Housing & Urban Development Department, Govt. of Odisha regarding the response to the letter dated 23.07.2025 of the CDA requesting the Government in Housing & Urban Development Department for financial provision and assistance from the Department so that CDA could be able to ensure installation of CCTV Surveillance System in 107 locations and also 84 locations as requested by the DCP.
Today, learned counsel for the State has produced a letter no.HUD-TP-CASEOP-0064-2025- 22129 dated 17.09.2025 of the Addl. Secretary to Govt., Housing & Urban Development Department addressed to the learned Advocate General, Odisha, Page 32 of 56 wherein it is stated as follows:
1. The Deputy Commissioner of Police (DCP), Cuttack, vide letter dated 14.05.2025, requested the Vice-Chairman, Cuttack Development Authority (CDA), for installation of CCTV Surveillance Camera System at 191 locations in Cuttack City, to monitor public safety, enhance law enforcement response, improve traffic management, and aid in crime prevention and detection;
2. On the same date, the DCP further requested installation of Electronic Traffic Signal Systems at different locations in the city;
3. Earlier, the ACP (Traffic), Cuttack, vide letter No.292 dated 25.02.2025, had submitted a proposal for installation of CCTV at 107 locations.
The matter was considered in the 140th Meeting of CDA held on 04.04.2025, wherein approval was accorded for installation of 50 CCTV surveillance systems;
4. Pursuant to the requirement projected by the DCP, CDA invited proposals from four PSUs for installation of CCTV systems at 107 locations. Two PSUs, namely M/s. Rail Tel Corporation of India and M/s. Indian Telephone Industries Ltd. (IT Ltd.), Kolkata, submitted techno-commercial bids;
Page 33 of 565. The evaluation committee comprising the Vice-Chairman, CDA, ACP (Traffic), Engineer Member CDA, ATP, CDA and Executive Engineer, CDA, examined the technical presentations on 20.05.2025 and 09.06.2025. Based on the evaluation, M/s ITI Ltd., Kolkata was selected;
6. Accordingly, Letter of Award (LOA) No.6480 dated 13.06.2025 was issued by CDA in favour of M/s. IT Ltd. for procurement and installation of CCTV Surveillance Cameras and Traffic Signal System at different locations of Cuttack, at a cost of Rs.45,53,91,041/- plus GST @ 18%;
7. Subsequently, an agreement was executed on 17.06.2025 between CDA and the said company. An advance payment of Rs.26,86,80,714/- (Rs.22,76,95,520/- for CCTV at 107 locations and 84,09,86,194/- for Traffic Signal System at 30 locations) was released from CDA funds;
8. The company has already commenced work at 10 locations and installation at other sites is under progress;
9. Meanwhile, the DCP, Cuttack, vide letter dated 14.05.2025, further requested installation of CCTV at additional 84 locations;
Page 34 of 5610. The CDA has expressed its inability to bear the entire project cost of Rs.45,53,91,041/- plus GST, including recurring annual maintenance expenditure, as the advance released was sourced from the CDP Infrastructure Development Fund. Accordingly, vide letter dated 23.07.2025, CDA sought financial assistance from the Housing & Urban Development Department for covering the approved 107 locations as well as the additional 84 locations. The total financial implication, inclusive of GST @ 18%, comes to Rs.53,73,61,428/-.
11. It is stated in the instruction that there is no provision in the budget of the Housing & Urban Development Department for release of funds towards installation of CCTV Surveillance Camera Systems and Traffic Signal Systems. The subject matter of public surveillance and traffic signals falls under the domain of the Home Department;
12. Accordingly, the file has been endorsed to the Home Department for necessary financial sanction and release of funds. After receipt of the same, CDA will ensure completion of the work through the agency already engaged and take up installation at the additional locations requested by the DCP, Cuttack.
Page 35 of 56The instruction dated 17.09.2025 is taken on record.
List this matter on 23.10.2025.
(S.K. Sahoo) Judge (V. Narasingh) Judge UNSAFE BUILDINGS IN CUTTACK CITY :ACTION TAKEN THEREON
327. Taking into account the news item published 18.09.2025 in the daily Odia newspaper under the heading of "SAHARARE SAATASAHA ASURAKHITA KOTHA", as per order no.299-A dated 14.08.2025, the Additional District Magistrate -cum- Nodal Officer, Cuttack was asked to file an affidavit regarding the status of vacating, removal and demolition of 221 unsafe building structures.
Mr. Shibo Toppo, Additional District Magistrate -cum- Nodal Officer, Cuttack has filed an affidavit dated 17.09.2025, wherein it is stated as follows:
(i) As per order dated 16.05.2025, a Committee has been formed under the member Page 36 of 56 convenorship of Sub-Collector, Sadar, Cuttack to identity the unsafe buildings in the City and prepare a comprehensive list for taking further necessary action vide letter No.1910, dated 05.06.2025;
(ii) The aforesaid Committee submitted a report that 221 nos. of unsafe buildings have been identified, where 219 buildings are belong to 8 public authorities and 2 buildings belong to private individuals;
(iii) Accordingly, 15 cases section 152 BNSS have been initiated by the Sub-Collector, Sadar, Cuttack against such persons/authorities to get the buildings vacated and to take appropriate action for demolition of the buildings;
(iv) Notices were duly issued against the person/authorities concerned and they were heard personally on 17.08.2025 by the Sub-Collector, Sadar, Cuttack, who passed appropriate orders to vacate the buildings;
(v) In this context, a meeting was held on 04.09.2025 at 04:30 PM in the Office chamber of the Sub-Collector, Cuttack -cum- Member Convenor of the Committee where all the stake holders were present. A detailed deliberation was made for immediate compliance of orders passed in the cases under section Page 37 of 56 152 BNSS in compliance. Copy of the said minutes of the said proceedings and a detailed report of the Sub-
Collector, Sadar, Cuttack dated 05.09.25 have been enclosed to the affidavit as Annexure-A Series.
(vi) The representatives from the office of the Superintending Engineers, Division 1 and 2, Cuttack, the Secretary, CDA and the City Engineer, CMC were present in the said meeting. The proposed action to be taken by each authority in the context of eventual demolition of the unsafe buildings has been clearly delineated in the report at Annexure-A Series.
(vii) Communication to take necessary action to the authorities other than the authorities who were represented in the aforesaid Committee meeting and who are custodians/owners of the identified unsafe buildings have been made vide letter nos.11712 dated.10.09.2025. Copies of the said letters dated 10.09.2025 have been annexed to the affidavit as Annexure-B Series.
The affidavit filed by the ADM -cum- Nodal Officer, Cuttack is taken on record.
Status report relating to 221 unsafe building identified till date submitted during the course of hearing is taken on record.
In the remarks column relating to Division-I, Page 38 of 56 it is stated that buildings mentioned therein shall be demolished by 31.10.2025. So far as buildings relating to Cuttack (R & B), Division-II, it is stated that estimates have been prepared in respect of Director, Printing, Stationary and Publication, Odisha, Cuttack, Assistant Registrar, High Court of Orissa, Cuttack and Deputy Commissioner, O/o CT & GST at Deula Sahi, Cuttack and some of the buildings are still being unauthorizedly occupied. Steps are being taken for eviction of the unauthorized occupants.
So far as four quarters at Badambadi Colony of High Court is concerned, instructions do not indicate that estimates have been prepared.
Mr. Jotiranjan Pati, Superintending Engineer informs this Court that so far as four numbers of quarters of the High Court of Orissa at Badambadi Colony is concerned, the estimates for demolition shall be submitted by 22.09.2025. The estimates so prepared be placed on record.
Put up this matter on 25.09.2025.
(S.K. Sahoo) Judge (V. Narasingh) Judge Page 39 of 56 DRAINAGE CANAL NEAR MATRUBHAWAN :
INSPECTION REPORT:
328. The issue relating to drainage canal near 18.09.2025 Matrubhawan was taken up on 07.08.2025. Er.
Amarjit Pattanaik, Addl. Chief Engineer (Electrical), Electrical Circle, TPCODL, Cuttack submitted the inspection report, which is taken on record. The said report is extracted hereunder;
Inspection Report of drainage canal near Matrubhawan As per the direction of the Hon'ble High Court of Odisha in the PIL case no-2140/2020 a joint site visit was conducted on Dtd 26th July 2025 at Matrubhawan site.
Er. Sanjay Mohanty, Executive Engineer, CDD-1, TPCODL, Er. Prabhat Ranjan Parida, Executive Engineer, CDD-2, TPCODL, Mr. Achyuta Bijayananda Behera, General Manager, Drainage, WATCO, Mr. Ankit Verma, Sr. Divisional Engineer, East Coast Railway, Er. N.K. Mohanty and Mr. Bijay Kumar Dash learned Amicus Curiae were present during the site visit. Hon'ble Mayor, Cuttack Municipality Corporation was also present in the site.
During Site Visit it was found that the Under-Ground cable near Matrubhawan drainage canal has been shifted to other Page 40 of 56 place, hence there will be no issue in cleaning of the drainage site by CMC authority. Anyhow during cleaning process TPCODL staffs should be engaged in order to prevent any damage to the UG cable, on safety point of view.
At railway underpass area, the UG Cable also temporarily reallocated to expedite the canal cleaning work by railway & WATCO. After completion of construction the UG Cable permanent arrangement will be done.
At Kalyannagar the road towards Matgajpur, it was found that some of the excavated soil are kept by the side of the canal road which can be cleaned jointly by CMC in presence of TPCODL authorities in order to prevent the UG Cables.
xxx xxx xxx The action taken report by way of affidavit be filed by the next date.
List this matter on 23.10.2025.
(S.K. Sahoo) Judge (V. Narasingh) Judge Page 41 of 56 BSWC DRAIN OF CUTTACK
329. When this issue was taken up on 18.09.2025 14.08.2025, the Principal Secretary, Housing & Urban Development Department, Govt. of Odisha and the City Engineer, C.M.C. filed their respective affidavits and after going through the same, the Principal Secretary, Housing & Urban Development Department, Govt. of Odisha was called upon to clarify the following aspects by way of an affidavit:
(i) When a technical review meeting was held on 30.04.2025 on the DPR of the five numbers of drains under the Chairmanship of the Chief Engineer
-cum- Additional Secretary, H. & U.D. Department, Govt. of Odisha to further review on the said DPRs and in that connection, a letter was issued to the Commissioner, C.M.C. vide letter No.12310 dated 30.05.2025 to vet the hydraulic designs by the IIT, Bhubaneswar, how the concerned PMC (Project Management Consultancy) submitted the hydraulic designs for vetting of Hydrology, Design/Drawing and Estimation for construction of five major storm water drains in Cuttack City to the VSSUT, Burla instead of IIT, Bhubaneswar ignoring the letter of the Page 42 of 56 Govt?
(ii) When during the interaction with the concerned officials of C.M.C. through video conferencing on 23.07.2025, the City Engineer, C.M.C. appraised the Govt. that VSSUT, Burla, being an old and reputed institution has efficiency at par with IIT, Bhubaneswar to vet the DPR and that they have already vetted several Detailed Project Reports (DPRs) on Storm Water Drainage (Drainage Master Plan) and that the PMC has confirmed that it has executed similar types of works earlier with necessary guidance of VSSUT, Burla, for expeditious vetting of the DPR, the PMC (M/s. Visiontek Consultancy Services Pvt. Ltd.) preferred vetting of the DPR from VSSUT, Burla in consultation with CMC, why explanation was not called for from the City Engineer, C.M.C. for deviating from the suggestion of the Govt. vide letter No.12310 dated 30.05.2025 to vet the hydraulic designs by the IIT, Bhubaneswar?
(iii) Why the Govt. did not verify whether the appraisal made by the City Engineer, C.M.C. that VSSUT, Burla, has already vetted several Page 43 of 56 Detailed Project Reports (DPRs) on Storm Water Drainage (Drainage Master Plan) is correct or not particularly taking into account the huge cost to be incurred by the Govt. on this project?
(iv) Whether the statement made in the affidavit of the City Engineer, C.M.C. that in the meeting dated 30.04.2025, vetting of DPRs by the IIT, Bhubaneswar was not discussed and that, it was also not mentioned in the proceedings of the said review meeting, but all the same, the Government in Housing & Urban Development Department vide Letter No.12310 dated 30.05.2025 issued to the Commissioner, C.M.C. mentioned that the hydraulic design be vetted by the IIT, Bhubaneswar, is correct?
It was also indicated that the affidavit to be filed by the Principal Secretary, Housing & Urban Development Department, Govt. of Odisha should also indicate the details of the number of projects of this nature relating to hydrology and drainage for which DPRs have been vetted by the VSSUT, Burla and the status of the projects.
Page 44 of 56Smt. Usha Padhee, Principal Secretary to the Government, Housing & Urban Development Department has filed an affidavit dated 17.09.2025, clarifying the above aspects by way of an affidavit, which is taken on record.
So far as issue no.(i) is concerned, it is clarified in the affidavit that although earlier, instruction was given to the CMC for vetting of the said DPRs by IIT, Bhubaneswar, but subsequently, the Govt. in H & U.D. Department did not object to the submission of the DPRs to VSSUT, Burla for expeditious vetting of the DPRs in public interest as well as for the following reasons, which states as under:
a. Comparable Technical Expertise -
VSSUT Burla has a well- established Civil
Engineering and Water Resources
Engineering Department with faculty
experienced in hydrological modelling,
flood routing and hydraulic structures. Its technical capability is at par with IIT, Bhubaneswar for the purpose of hydrology design vetting.
b. Urgency of Project Execution - The
storm water drain projects required
Page 45 of 56
immediate vetting to maintain the
construction schedule. IIT
Bhubaneswar's engagement in national
research projects and academic
commitments could have caused delays, whereas VSSUT was readily available and responded promptly.
c. Local Relevance and Capacity
Building - Engaging a premier State
Technical University strengthens the
utilisation of Odisha's own institutions,
promotes local technical capacity and
aligns with the State's objective of
fostering in-state expertise.
So far as issue no.(ii) is concerned, it is clarified in the affidavit that explanation was sought by the Director, Municipal Administration from the City Engineer, CMC vide Letter No.16342 dated 17.07.2025. The City Engineer submitted his explanation vide Letter dated 18.07.2025 stating, amongst others, that since, in the meeting dated 30.04.2025, vetting of DPRs by the IIT, Bhubaneswar was not mentioned or discussed, the subsequent Letter No.12310 dated 30.05.2025 was inadvertently overlooked. In the said explanation, Page 46 of 56 the City Engineer, CMC had also mentioned about the expertise of VSSUT, Burla on having executed projects of similar nature. It is relevant to state here that after verification of the expertise of VSSUT Burla, the details of which are given hereinafter, and, due to the reasons stated above, the explanation given by the City Engineer was accepted and the DPRs were vetted by VSSUT, Burla by 25.07.2025.
Copies of the Letter dated 17.07.25 issued by the Director, Municipal Administration calling for explanation from the City Engineer, CMC and the explanation dated 18.07.2025 of the City Engineer, CMC have been annexed to the affidavit as Annexure
- A/1 Series.
So far as issue no.(iii) is concerned, it is clarified in the affidavit that on verification, it was found that VSSUT, Burla has prior experience relating to vetting of such DPRs. In this regard, it is stated that recently, the Sambalpur Municipal Corporation for the project, "Preparation of comprehensive Storm Water Drainage Master Plan & DPR for Sambalpur City" got the DPRs vetted from the VSSUT, Burla as regards the relevant Hydrology and Hydraulic design of the said Project and submitted the same to the Sambalpur Municipal Page 47 of 56 Corporation for taking necessary action. Copy of the Letter No.270 dated 21.08.2025 of the Head of the Department, Department of Civil Engineering, VSSUT, Burla to Sambalpur Municipal Corporation communicating completion of vetting has been annexed to the affidavit as Annexure-B/1. Apart from Annexure-A/1, the list of other projects relating to hydrology and drainage for which DPRs have been vetted by the VSSUT, Burla has been given annexed to the affidavit as Annexure-D/1.
So far as issue no.(iv) is concerned, it is clarified in the affidavit that it is a fact that in the meeting dated 30.04.2025, vetting of DPRs by the IIT, Bhubaneswar was not mentioned or discussed. Copy of the proceedings of the said review meeting dated 30.04.25 has been annexed to the affidavit as Annexure-C/1.
It is further stated in the affidavit that a list of other projects relating to hydrology and drainage for which DPRs have been vetted by the VSSUT, Burla and the status of the such projects have been annexed to the affidavit as Annexure-D/1.
It is further stated in the affidavit that the vetting of the DPRs by VSSUT, Burla was bone fide with the prime objective of quick execution of the Page 48 of 56 project.
The affidavit dated 17.09.2025 filed by the Principal Secretary to the Government, Housing & Urban Development Department is taken on record.
On perusal of the affidavit dated 17.09.2025 filed by the Principal Secretary, H&UD Department, this Court is of the firm view that considering the nature, scale, complexity and the huge cost involved in the project, which is stated to be 496 Crores.
i. The DPR for the project should be vetted again by IIT, Bhubaneswar in public interest as proposed by the Chief Engineer-cum- Additional Secretary to Government, Housing & Urban Development Department vide his letter No.12310 dated 30.05.2025 to negate even the possibility of any error; And, ii. The project should be overseen/ supervised by WATCO which has prior experience in the execution of such projects after having successfully taken over and executed the Box Drain project in Cuttack OR by any other Govt. agency that Page 49 of 56 has proven experience in executing projects of this nature and scale. Learned counsel for the State, Mr. Nayak shall place on record the response of the Government in this regard which shall be considered in the sitting dated 16.10.2025.
In the interregnum, there is no embargo for the Government in the H & UD Department to take steps to get the DPR vetted by the IIT Bhubaneswar.
List this matter on 16.10.2025.
(S.K. Sahoo) Judge (V. Narasingh) Judge ISSUE RELATING TO THE DRIVERS OF 'AMA BUS'
330. On 18.07.2025, Mr. Sanjay Kumar Biswal, 18.09.2025 General Manager, CRUT appeared through virtual mode and Mr. J. Katikia, learned counsel for CRUT submitted that in the meantime steps have been taken for testing of the drivers by conducting breath analyzer test and action has been taken against the Page 50 of 56 drivers who are found to be drunk. Compensation has been given to the persons who died. Mr. Sanjay Kumar Biswal, General Manager, CRUT submitted that a tender has been floated for construction of "Bus Stop" at the designated places to ease the difficulties of the persons waiting to utilize the services and he was directed to file an affidavit in that regard.
As per order no.273 dated 18.07.2025, Dr. N. Thirumala Naik, Managing Director, Capital Region Urban Transport, Odisha has filed an affidavit dated 06.08.2025, wherein it is stated that 1,06,924 Breathalyzer tests were conducted for drunken driving from 01.11.2024 to 31.07.2025 and tests reports are uploaded in the website on daily basis. During the said period, fourteen Captains (drivers) were found to be under the influence of alcohol en- route for which they have been terminated and 16 Captains who were found to be under the influence of alcohol prior to the out-shedding of buses were suspended for 3 months by the concerned operators. It is further stated that five Captains have been terminated for involving in major accidents. Also, six Captains have been suspended for involving in other accidents and two Captains have been terminated for Page 51 of 56 their indisciplinary action. Details of the Breathalyzer test and terminated drivers are annexed to the affidavit as Annexure-A series.
It is further stated that the CRUT Enforcement Team and Revenue Assurance Teams have conducted 22,352 surprise speed checks from 09.11.2024 to 31.07.2025 en-route to check speed limit and skipping of stoppages. Details of the surprise speed checks are annexed to the affidavit as Annexure-B. It is further stated that since 07.11.2024, five fatal accidents have occurred and compensation amount of Rs.5,05,000/- has been provided to the families of accident victims. Further an amount of Rs.3,84,67,200/- has been dispersed through insurance claims in 14 MACT cases since November, 2018, instituted by the victims or their dependants of the respective accidents. Details of the compensation amount are annexed to the affidavit as Annexure-C. It is further stated that a letter was issued to CMD, OSRTC to share the mechanized, sophisticated infrastructure installed in their buses, as was submitted before this Court by the then MD, OSRTC. Though reply was received but no advanced features were mentioned about the system adopted Page 52 of 56 by the OSRTC with regard to safe driving by the drivers. Hence, a tender with tender notice no. 854/CRUT, available in CRUT website, was floated for installation of Advanced Driver Assistance Systems (ADAS) and Driver Fatigue Monitoring System (DFMS) in all 670 buses and finalization of tender is under progress. In addition to above, for real time monitoring of bus operations, an integrated Command Control Center (CCC) has been established and is functional since April, 2025. This has substantially reduced the skipping of stoppages by Captains (drivers) en-route, improved punctuality and helped in change of captain (driver) behaviour through regular counseling. Details of letter to OSRTC and reply from them and Tender is annexed to the affidavit as Annexure-D series.
It is further submitted that a letter no. 3281 dated 25.11.2024 was issued to the Commissioner, C.M.C. & the Vice Chairman, C.D.A. for identification of suitable space for construction of Bus Queue Shelters (BQS) measuring 5 x 2.5 meters, as designated bus stops. Further, a tender was floated for construction of 153 bus poles at designated bus stops, finalized after a detailed survey by expert team. As there was a single bid, Page 53 of 56 Re-tendering is done and it is under process. Details are annexed to the affidavit as Annexure-E series.
It is further stated that as per the news items published in the daily newspaper "The Samaj"
dated 15.07.2025 under the caption "AMA BUS CHAKA TALE GALA JIBANA", it is stated that the unfortunate incident on 14/07/2025 at Baranga, Cuttack was not due to the fault of the Bus Captain (driver). A depot level accident committee report and the testament of the commuter on-board in the bus are annexed to the affidavit as Annexure-F series.
It is further submitted that in addition to the averments made in para-6 of the affidavit filed on 18.12.2024 regarding supply of E-buses in different phases, it is stated that all the 200 Midi E- Buses have been delivered by the JBM ECOLIFE MOBILITY PRIVATE LIMITED out of which 95 buses are scheduled for plying from Naraj E-Bus Depot inside the limit of CMC and CDA.
It is further submitted that from 16.12.2024 to 31.7.2025, 1255 drivers/captains
have been trained by Government Driving Training Institute at Chhatia, Integrated Driving Testing Range at Berhampur and HMV Driver's Training Institute at Keonjhar and Banai. Road Safety Page 54 of 56 Awareness Programme on Defensive Driving has been given to the Captains at those institutes in addition to Safe and Efficient Driving Practices. Further, experts from an organization namely Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ), an implementing agency of the German Federal Government under the SUM-ACA (Sustainable Urban Mobility-Air Quality, Climate Action, Accessibility) project in collaboration with Ministry of Housing and Urban Affairs, Govt. of India, have trained the Captains on various parameters of safe driving practices and behavioural aspects from 29.04.25 to 07.05.25. A detailed chart is annexed to the affidavit as Annexure-G series.
It is further submitted that based on the complaints/feedback from the commuters, counseling is being conducted for the bus Captains (driver) and the Guides (Conductor) for compulsory halting at designated stoppages, ensuring courteous behaviour, traffic rule compliance and distraction- free driving for commuter's satisfaction.
It is further submitted that everyday oath is being administered to the captains and guides before departure from different depots to solemnly affirm their commitment of upholding the law, Page 55 of 56 ensuring the safety and security of passengers and to perform their duties with integrity and impartiality.
Ms. Kirandeep Kaur Sahota, IAS, Commissioner, CMC appeared through virtual mode and referring to letter dated 25.11.2024 of the CRUT relating to the construction of Bus Queue Shelter (BQS) states that the matter shall be taken up in right earnest with officials both of the CMC as well as CDA and the timeline for identification of Bus Queue Shelters and follow up steps to be taken in the said regard, shall be placed on record in the next sitting.
List this matter on 23.10.2025.
(S.K. Sahoo) Judge (V. Narasingh) Judge Page 56 of 56