Temporary Shops Erected During Rath Yatra Can't Encroach Upon 'Bada Danda', No Commercial Activity Allowed: Orissa High Court

The Orissa High Court has directed the Puri Municipality to ensure that temporary shops erected during Rath Yatra do not encroach upon the 'Bada Danda' (the Grand Road of Lord Jagannath) and also no commercial activity is undertaken in those shops.

While issuing the order to the municipal body, the Division Bench of Chief Justice Chakradhari Sharan Singh and Justice Savitri Ratho said –

“…the temporary shops to be erected on behalf of the Puri Municipality will not encroach upon the Bada Danda in any manner and will not be utilized for any commercial activity and the Puri Municipality will strictly abide with the terms and conditions contained in letter dated 04.06.2024.”

The Bench headed by the Chief Justice was hearing a Public Interest Litigation (PIL) challenging a quotation call notice dated June 10, 2024 whereby the Puri Municipal Corporation had called for sealed quotations from intending persons/agencies for installation of temporary stalls from Badasankha to Gundicha Temple (on both sides of the Grand Road).

During the course of hearing, attention of the Bench was drawn to an order of the Court dated 30.06.2016 in Jitendra Kishore Sahoo v. State of Odisha wherein the Court had accepted an undertaking from the municipal body which had sworn not to grant license for construction of either permanent or temporary shops on the 'Bada Danda' as the same has been declared as National Highway No. 203.

Senior Counsel PK Rath, appearing for the petitioner, argued that despite of the previous development, the municipality has invited quotations for erection of temporary shops during the Rath Yatra-2024.

He vehemently submitted that allowing temporary stalls will cause hindrance not only to the public and traffic but also to the free movement of the divine chariots of Lord Balabhadra, Lord Jagannath and Devi Subhadra.

The Senior Advocate also informed the Court that pursuant to the letter of the Puri Municipality, the Superintending Engineer, NH Division, Bhubaneswar has granted permission for installation of temporary stalls on the Grand Road for revenue generation, subject to certain conditions including ban of commercial stalls and ensuring free flow of traffic.

However, the municipal body denied the allegations and clarified that no stall shall be erected for the purpose of carrying on commercial activities. It further clarified that installation of stalls is merely aimed at generation of revenue.

After hearing both the sides, the Court referred to Sections 24 and 38 of the Control of National Highways (Land and Traffic) Act, 2002 which provide for prevention of occupation of highway land and prevention of construction on highway land respectively.

After perusing the provisions, the Court was of the considered view that permission can be accorded by NHAI for construction of temporary stalls, subject to restrictions imposed by it.

Accordingly, the Court refused to quash the quotation call notice, but it disposed of the writ petition with a direction that the temporary shops erected by the municipality shall not encroach upon the Grand Road and those will not be utilized for any commercial activity.

Case Title: Rajat Kumar Sahoo v. State of Odisha & Ors.

Case No: W.P.(C) PIL No. 15116 of 2024

Date of Order: July 03, 2024

Counsel for the Petitioner: Mr. P.K. Rath, Senior Advocate

Counsel for the Respondents: Smt. Suman Pattanaik, AGA & Mr. Pradipta Kumar Mohanty, Senior Advocate for Puri Municipality

Citation: 2024 LiveLaw (Ori) 58 

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