Construction around Jagannath Puri Temple: Supreme Court to deliver verdict tomorrow

The Supreme Court will on Friday deliver its verdict in a plea relating to construction around the Jagannath Puri Temple that is allegedly causing cracks in its foundations. (Ardhendu Kumar Das and anr v. State of Odisha and ors).A Bench of Justices BR Gavai and Hima Kohli reserved its order on Thursday after hearing counsel for both sides including Advocate General for Odisha Ashok Parija and Senior Advocate Mahalakshmi Pavani. .Justice Gavai at the outset congratulated the petitioners for getting the matter listed. The Bench had earlier expressed its inability to do the same since that power is vested with the Chief Justice of India, being the master of the roster..The top court was hearing a challenge to an Orissa High Court order that had allowed the Archaeological Survey of India (ASI) to conduct a survey assessing the damage, if any, caused by construction activity around the temple.The challenge was on the grounds that the High Court should have restrained further construction activity in the interim and that the permission the State had obtained for the same was not in accordance with law.The construction by the State government was towards the Puri Srimandir Parikrama Project (temple heritage corridor), with the excavation particularly effecting an outer wall called the Meghanad Pacheri, the petitioners contended..Pavani submitted today that the State's action of carrying out the construction was illegal and in direct contravention of Sections 20A, B, and C of the The Ancient Monuments and Archaeological Sites and Remains Act."There is a clear embargo that there cannot be any construction on the prohibited area. They have not taken permission to construct a regulated area," the senior counsel stated.She then proceeded to read from a report to show that no heritage assessment work was done and there has been irreparable damage to the Temple. She added,"Large scale of crowd management is not possible with such excavations. the construction is shadowing the main temple entry. There has to be express permission from the Archaeological Survey of India."Advocate Vinay Navare, representing another petitioner, argued that excavation was being done in prohibited areas at the premises of what is a centuries-old monument."At times, the structure being raised goes upto 14.5 feet, which shadows the main temple," he argued..Advocate General Parija submitted that the Director of the Culture Department was the competent authority to grant necessary permissions in the matter. He emphasised that there was no construction within the prohibited area of 100 meters, but only repair work and remaking of existing structures like sewage drains and toilets. "What is being carried out is to beautify the area and create facilities for the devotees. Some other work is in the security of the Temple. Can't there be toilet construction in a site which is a world heritage site?" He added that without toilets, female devotees had no other option to attend to nature's call. "Males have used all resources but the females had to face so much chaos. Here there is a political colour to the petition," he claimed. The State maintained that it had all the necessary and prior approvals, and had done impact assessments.Counsel appearing for one of the respondents pointed out that there have been stampedes in the past and a green corridor was later created without acquiring land. In this process, however, some dilapidated mutts had to be broken, and "so-called public-spirited persons rushed to court", it was stated."Entire sevayak association supports this State government venture to decongest there area so that Puri becomes a world heritage city," he argued..[Follow our coverage of the today's hearing]