Cyclone Dana: Orissa High Court Asks Cuttack Authorities To Remove Bamboo Structures, Hoardings; Flags 'Artificial Scarcity' Of Commodities

The Orissa High Court on Tuesday inquired about the preparedness of the civic authorities of Cuttack city in the face of probable severe cyclonic storm 'Dana', which is likely to make land-fall on the coast of Odisha in between 24^th and 25^th October.

A Special Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh was hearing a PIL concerning the civic issues of the city of Cuttack. Though the matter was not listed for hearing, the same was taken up urgently in view of the ensuing cyclone.

Mr. Bijay Kumar Dash, President of the High Court Bar Association apprised the Bench that a number of huge bamboo structures are standing by the side of public roads all over the city even after completion of Durga Puja. It was also informed that one of such bamboo structures collapsed in Khan Nagar causing damage to some parked vehicles, though no casualty was reported.

The Court then referred to the bulletin of the Indian Meteorological Department (IMD) which has issued red alert for extremely heavy rain and gusty wind in some districts of the State including Cuttack.

“…there would be wind speed of 100-120 kms per hour and if the bamboo structures are allowed to remain as such, there is likelihood of casualty and also extensive damage to vehicles, houses and properties of public in general and therefore, necessary orders be issued to the respective Puja Committees to remove the same immediately,” it ordered.

The counsel appearing for the Cuttack Municipal Corporation (CMC) produced a letter issued by the Commissioner, CMC to all the Puja Committees to remove puja mandap/light gates/stage and other temporary structures at the earliest, latest within 24 hours.

Mr. Jagmohan Meena, Deputy Commissioner of Police, Cuttack stated that preparatory meetings for the cyclonic storm has already been held and all the Inspectors-in-Charge (IICs) were asked to talk to the Puja Committees so as to remove all the temporary structures from the roads at the earliest.

Mr. Dattatraya Bhausaheb Shinde, Collector, Cuttack further informed the Division Bench that if the puja committees fail to comply with the order of the CMC, then the district administration shall take action for demolition of those structures and the erring committees shall be denied NOC next year.

Furthermore, the Commissioner of the CMC assured the Court that required steps have already been taken to avoid water-logging due to the heavy rainfall. Also, there would be no disruption of drinking water supply, which shall be provided by the CMC on a door-to-door basis.

The Collector highlighted that the electricity department has been alerted to facilitate power restoration at the earliest, if failure in power supply happens due to the cyclone.

It was also pointed out by the Collector that some vendors, by exploiting the situation, had attempted to create artificial scarcity of essential commodities like vegetables and groceries but later on, after intervention of the district authorities, the prices have come down and sufficient stock of commodities have been kept.

The Bench directed the CMC authorities to remove all hoarding put up at different places in the city for the purpose of advertisements and they were also ordered to cut the branches of trees which are in dangerous condition.

Before parting with the order, the Court placed on record appreciation for the district authorities and hoped that the cyclone causes the minimal damage to the city.

“This Court places on record its deep sense of appreciation for the proactive steps taken by the Collector, Cuttack, D.C.P., Cuttack and the Commissioner, Cuttack Municipal Corporation to meet the exigency on account of the Cyclone 'DANA'. And earnestly hopes that the Cyclone causes the least damage.”

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: October 22, 2024

Counsel for the Petitioners: 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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