Muristek
Construction activity to provide basic amenities at Puri's Jagannath temple necessary in public interest: Supreme Court
New Delhi, June 3
Construction activities carried out by the Odisha government at the famed Shree Jagannath temple in Puri to provide essential amenities like toilets and cloak rooms are necessary in larger public interest, the Supreme Court said on Friday while rejecting petitions challenging the work.
A vacation bench of Justices BR Gavai and Hima Kohli dismissed the PILs opposing the construction with costs, and said the state could not be prevented from making necessary arrangements to provide basic amenities for lakhs of devotees visiting the temple.
The top court said the construction activities are being undertaken in pursuance of the directions issued by a three-judge bench of this court in the case of Mrinalini Padhi.
"The construction is being carried out for the purpose of providing basic and essential amenities like toilets for men and women, cloak rooms, electricity rooms, etc. These are the basic facilities which are necessary for the convenience of the devotees at large," it said.
The bench also took exception to the filing of frivolous PILs, saying most such petitions are either publicity interest litigation or personal interest litigation.
"In the recent past, it is noticed that there is mushroom growth of public interest litigations. However, in many of such petitions, there is no public interest involved. The petitions are either publicity interest litigation or personal interest litigation. We highly deprecate the practice of filing such frivolous petitions. They are nothing but abuse of the process of law.
"They encroach upon a valuable judicial time which could be otherwise utilised for considering genuine issues. It is high time such so-called public interest litigations are nipped in the bud so that the development activities in the larger public interest are not stalled," the bench said.
The top court said a hue and cry was made that construction carried out is contrary to the inspection report carried out by the Archaeological Survey of India (ASI). However, the note of the Director General of ASI clears the position.
"It can thus be seen that even if the appellant had genuine concern the same is already taken care by the high court in the impugned order. In spite of that the matter was mentioned for obtaining urgent orders before the vacation bench on Monday. Till the matter was not listed again a hue and cry was made as if heavens are going to fall if the matter is not heard. Activity undertaken is in sync with our earlier orders," the bench said.
"It would further be relevant to note that the high court itself has recorded the statement of the Advocate General for State of Odisha that both the ASI and the State Government would work together to ensure that no archaeological remains are missed out or damaged," the bench said.
"We are of the considered view that the public interest litigation filed before the High Court rather than being in public interest, is detrimental to the public interest at large.
"In the result, the appeals, having been found to be without any substance, are dismissed with costs, quantified at Rs 1 lakh each, payable by the appellants to the respondent No 1 within four weeks from the date of this judgment," the bench said.