Stop Constructing Durga Puja Mandaps Over Public Road To Avoid Traffic Congestions: Orissa High Court

The Orissa High Court has expressed concern over erection of bamboo structures within the perimeters of public roads and ordered that no mandap/pandal shall be constructed over the roads to celebrate the upcoming Durga Puja.

A Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh was hearing a suo moto PIL concerning the civil issues of city of Cuttack.

On a previous date of hearing, the Court had asked the Deputy Commissioner of Police, Cuttack to file an affidavit stating therein the steps taken for controlling noise pollution in the festive season. Accordingly, an affidavit was filed indicating the steps taken by various IICs to spread awareness among puja committees to desist from playing loud music.

During the course of hearing, some Advocates led by Bijay Kumar Dash, President, High Court Bar Association, expressed concern about the manner in which the Chandini Chowk puja committee has constructed the mandap over the public road, obstructing the normal flow of traffic. Furthermore, the Court also asked the authorities to ensure no blockage of road due to construction of pandals in all over the city.

Justice Narasingh informed Jyoti Prakash Patnaik, Government Advocate about a recent newspaper article which highlighted about traffic congestion due to under-construction mandaps over public roads, especially near the High Court (Chandini Chowk).

At this stage, Justice Sahoo remarked, “if the construction of pandals is at initial stage and the bamboos are being erected, the concerned committees may be alerted to rectify their course of action.”

The Collector, Cuttack assured that immediate steps shall be taken by deputing teams to visit each puja mandaps to check such illegal construction activities on the public road and if necessary, the licences of committees shall be revoked.

The City Engineer, Cuttack also assured the Court that apart from the road repairing works, in view of the ensuing Durga Puja, problems relating to other civic amenities like street lights, repairing of potholes, sanitation issues, waste disposal, covering of drains by concrete slabs, sweeping of streets at regular interval will be carried out.

Mr. Dattatraya Bhausaheb Shinde, Collector, Cuttack also submitted that one senior ADM shall be appointed as Nodal Officer and he will remain present when this Special Bench will sit to take up various civic problem issues and the Nodal Officer shall also coordinate between different departments involved in addressing the civic issues so that the problems can be addressed.

The Court also highlighted the issue of digging up of roads and observed:

“There is a need to improve coordination between the departments. A road restoration policy is to be formulated so that the departments carrying out their respective works shall have to deposit the restoration charges before starting the work and restore the road to its original condition.”

The Cuttack Municipal Commissioner was ordered to depute some responsible officers along with the officials of OPTCL to the spot for verification so that the road restoration work is being properly carried out.

“Since few days are left for commencement of Durga Puja Festival, we expect that the C.M.C. authorities along with the authorities of other departments who are concerned with the civic issues of Cuttack City shall make a conjoint effort to see that the woes and sufferings of the citizens on account of civic related issues are reduced to a great extent and they are able to enjoy the festival in a better manner in a congenial surrounding,” it added.

Case Title: Registrar (Judicial), Orissa High Court, Cuttack v. State of Odisha & Ors.

Case No: Suo Motu W.P.(C) PIL No. 2140 of 2020

Date of Order: September 26, 2024

Counsel for the Petitioner: Er. N.K. Mohanty, Amicus Curiae

Counsel for the Respondents: Mr. Jyoti Prakash Patnaik, Government Advocate; Mr. Debasis Nayak-A, Addl. Govt. Advocate & Advocate for CMC; Mr. Bijay Kumar Dash, Advocate & President of Orissa High Court Bar Association

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