The Supreme Court in the case Ardhendu Kumar Das vs State of Odisha & ors, Sumanta Kumar Ghadei vs State of Orissa & Ors observed and dismissed two petitions filed against the redevelopments and construction works undertaken at the iconic Shree Jagannath Temple premises at Puri by the Odisha Government. The bench further observed and dismissed them with cost of Rupees one lakh each as terminating the petitions as frivolous and contrary to the public interest. Thereafter, it is being a mushrooming growth of PILs, in the recent past and many of these petitions are either personal interest litigation or the public interest litigation. The Bench 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. Further the Court observed that in tune with the Ancient Monuments and Archeological Sites and Remains Act 1958, the activities undertaken by the State are necessary in the larger public interest and also earlier with the direction issued by the Supreme Court in relation with the administration of the temple. The Construction activities are meant to provide facilities and amenities to the devote, the Court observed. The Bench comprising of Justice Gavai noted while reading out the operative portion of the order that the court has considered the arguments that only individual can be allowed to construct toilets and the state cannot and also when it is necessary in larger public interest to provide facilities to devotes, can the State be denied? Justice Gavai further remarked that the Answer to this is an emphatic no. The Court contended that The High Court had recorded the Advocate General’s submission that no archaeological remains are missed out or damaged and a hue and cry was made that the construction was made against ASI report and the note of the Director General would falsify this position. The Second SLP was filled through Advocate Gautam Das, Advocate Advocates Tomy Chacko assited Senior Advocate Mahalakshmi Pavani in one petition, which was filed through and Advocate Gurudatta Ankolekar. The vacation bench comprising of Justice BR Gavai and the Justice Hima Kohli observed in the case where two special leave petitions filed challenging Odisha High Court’s order refusing to carry out any excavation in and around Lord Jagannath Temple, Puri by the State Furthermore, the Court has reserved its order.
