No Valid Permission Granted For Puri Jagannath Temple Corridor Project: ASI Tells Orissa High Court

An affidavit dated 8^th May, 2022 was filed by the ASI in which inter alia it was stated that a joint inspection was carried out on 1^st May, 2022 and an onsite discussion was held with the Odisha Bridge & Construction Corporation (OBCC) and Shree Jagannath Temple Administration. It was stated that "no valid permission has been given for the Shree Mandira Parikrama Project". A report of the inspection was also enclosed to the affidavit.

The Court noted that the conclusion in the joint inspection report dated 2^nd May 2022 states that "there is every possibility that the agency (OBCC) during the excavation/soil removal might have destroyed the archaeological remains of the heritage site". The Court observed that the statement is vague and fails to be specific as to whether any actual damage has in fact been caused to any archaeological remains at the heritage site.

The affidavit then states that while the work of toilets, drains, electrical works "do not fall within the definition of 'construction' and therefore, can be carried out even in the prohibited area", some other works "such as reception centre fall squarely within the definition of construction and being in the prohibited area, is not permitted".

The third aspect which is pointed out is that even for works in the regulated area which fall within the definition of 'construction', appropriate permissions as prescribed under the Ancient Monuments and Archaeological Sites and Remains Act (AMASR Act) would be required and that "no prior permission has been obtained from the National Monuments Authority (NMA)" for the same.

Mr. A.K. Parija, Advocate General, appearing for the State of Odisha submitted that a 'no objection' was in fact granted by the NMA on 4^th September 2021. He further stated that on the inspection note of 1^st May 2022, he would like to file a specific reply since it proceeds on the erroneous basis that no permission was obtained from the NMA or the ASI. He refers to the notes of inspection of the Director General of the ASI, followed by a letter dated 8^th March 2022, written by the ASI, Bhubaneswar Circle in that regard.

He further clarified that the reception centre is now being moved out of the prohibited area and is being constructed in the "regulated area". He referred to some of the paras of the ASI's affidavit which inter alia appeared to state that both the ASI and the State Government should work together to ensure that no archaeological remains are missed out or damaged. He acknowledged that the State Government fully accepts the said position.

He also made extensive reference to several paragraphs of the judgment of the Supreme Court in Mrinalini Padhi v. Union of India, which according to him form the basis of the present works being undertaken at the parikrama site.

Then, the Court placed on record the submission of Advocate General that the State Government will work in cooperation with the ASI for all works undertaken at the Parikrama site. Further, it directed that the State Government will keep in view the observations of the ASI when it undertakes any further works at the site.

It required the State Government to file affidavit in response to the affidavit of the ASI before 20^th June, 2022 and listed the matter to 22^nd June for further hearing.

Case Title: Dillip Kumar Baral v. State of Odisha & Ors.

Case No.: W.P. (C) No. 6257 of 2022

Order Dated: 09 May 2022

Coram: Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik

Counsel for the Petitioner: Mr. A.K. Mohapatra, Advocate and Mr. J.B. Mohanty, Advocate

Counsel for the Respondents: Mr. A.K. Parija, Advocate General along with Mr. Debakanta Mohanty, AGA; Mr. P.K. Parhi, ASGI and Mr. P.P. Behera, CGC

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