Puri Jagannath Temple Case: SC dismisses pleas challenging construction at Puri Jagannath Temple, imposes penalty on petitioners

Puri Jagannath Temple Case: The Supreme Court of India dismissed two petitions challenging construction work undertaken by the Odisha government at the historic Jagannath Temple in Puri, Odisha on June 3, 2022 terming them as frivolous and contrary to public interest. The court also imposed a cash penalty of Rs 1 lakh each on both the peitioners. 

A vacation bench of the Supreme Court comprising Justice BR Gavai and Justice Hima Kohli had reserved its orders on June 2nd on the two petitions filed against Odisha High Court's order refusing to restrain the Odisha government from carrying out excavation in and around Puri Jagannath Temple. 

The SC bench observed, "In the recent past it is noticed that there's a mushrooming growth of PILs.Many such petitions are either publicity interest litigation or personal interest litigation. We deprecate the practice of filing such FIL as it is a waste of judicial time and it needs to be nipped in bud so that development work is not stalled."

The apex court observed that the construction activities being undertaken by the Odisha government are necessary in the larger public interest and in tune with the Ancient Monuments and Archeological Sites and Remains Act 1958 and are meant to provide facilities and amenities to the devotees. The work is also in tune with the earlier directions issued by the Supreme Court in relation to the administration of the temple.

The court further slammed the petitioners saying that a hue and cry was made that construction was against ASI report, but a note of the Director General falsifies this position. The Odisha High Court had earlier recorded the Advocate General's submission, in which he stated that no archeological remains are missed out or damaged.

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Puri Jagannath Temple Case: All you need to know!

The counsel of the first petitioner argued that as per the Ancient Monuments and Archeological Sites and Remains Act 1958, the Odisha state government has to mandatorily obtain an NOC from a competent authority to carry out any works in the protected site. The petitioners claimed that the state took an NOC from the National Monuments Authority for the construction works but the competent authority is the Director or Commissioner of Archeology.

The second petitioner's advocate also supported the arguments saying that what is happening is excavation and "these are centuries old monuments, you can't give it to someone from outside." The petitioner claimed that as per the report of officer of Archeology department, the construction is being carried out within prohibited area.

The petitioners claimed that the Odisha state government is carrying out illegal construction work that is posing a threat to the structure of the ancient Puri Jagannat Temple. The petitions claimed that the state is excavating at a depth of over 30 feet using heavy excavators, adjacent to the western side of Meghanad Pacheri, which is an integral part of the Temple. The petitions also alleged that cracks have been found in the temple and its wall.

They argued that no person including the owner, occupier can construct any building within the protected area of the temple, which has been declared a monument of AMASR Act, 1958. Section 20A of AMASR Act states that there cannot be any construction within the 100 meter distance of the prohibited area.

Odisha Government's Arguments

The Advocate General of Odisha, Ashok Kumar Parija, argued that the authority under the AMASR Act is the National Monuments Authority and Director Culture of the State of Odisha has been notified as the competent authority. He also claimed that the construction activities undertaken by the State do not come within the purview of "construction" as per the Act.

He argued that the state is undertaking the activities to provide amenities to the pilgrims and the same has permission from the NMA. He stated that around 60,000 people are visiting the temple everyday and there is a need to have toilets for the pilgrims. He claimed that the the construction work being carried out is to beautify the area and create facilities for the devotees.