Featured

SC Reserves Verdict On Puri Heritage Corridor Pleas: Know The Arguments Of Petitioners, Odisha Govt

By
OB Bureau

New Delhi: The Supreme Court (SC) on Thursday reserved its verdict on the petitions challenging the digging and construction being undertaken by the Odisha government outside the Jagannath Temple in Puri as part of the heritage corridor.

The SC will pronounce its verdict on Friday.

The petitioners have also challenged the Orissa High Court’s order refusing to restrain the state government from carrying out construction.

A vacation bench comprising Justice B R Gavai and Justice Hima Kohli was hearing two special leave petitions (SPLs) on the matter.

Senior advocate Mahalaxmi Pavani, arguing for one of the petitioners, submitted that as per the Ancient Monuments and Archaeological Sites and Remains (AMASR) Act 1958, the state government needs to obtain NOC from the competent authority for carrying out construction or digging around a protected monument. The state government obtained NOC from the National Monuments Authority (NMA) but the competent authority in this case is the Director or Commissioner of Archeology, Pavani argued, according to LiveLaw.

Advocate Vinay Navare, appearing for the other petitioner, argued, “What’s happening is excavation. These are centuries-old monuments. Also, you can’t give it to someone from outside. Report of officer of the Archaeology department has recorded that construction being carried out is within the prohibited area.”

The petitioners argued that the state government was using heavy excavators to dig more than 30 feet below the ground, exactly adjacent to the western side of Meghanad Pacheri, which is an integral part of the temple, LiveLaw reported.

Appearing for the state government, Ashok Kumar Parija, Advocate General of Odisha, submitted that the authority under the AMASR Act is the NMA and Odisha’s Director (Culture) has been notified as the competent authority. The AG argued that the activities being carried out do not come under the purview of “construction” as per the Act.

The SC could not hear the matter on Tuesday due to a technical difficulty.

Justices Gavai and Kohli said they cannot hear it unless the matter is allotted to the bench by the Chief Justice of India (CJI), LiveLaw reported.

Justice Gavai said that judges hearing matters during vacation have no administrative powers of the CJI to list and allot cases. “We never faced this difficulty in High Courts. In High Courts, a vacation judge has to be judge for all purposes even for administrative purposes, Here, we are controlled by the Registry. If it’s allotted to us, we’re willing to hear it even at 2 pm. Unless it is allotted to us, our hands are tied,” he said while responding to a request for an urgent hearing of the matter.

Justice Gavai further said that it is the prerogative of the CJI to allot cases as the Master of Roster and that the vacation bench cannot assume the administrative powers of the CJI. “We allowed circulation but there’s a technical difficulty, unless Chief allots it to a particular bench, it can’t be,” he added.

OB Bureau

Recent Posts

Former BJD MLA Blames Naveen Patnaik For Party’s Debacle In Odisha Polls

Bhubaneswar: After several Biju Janata Dal (BJD) leaders blamed VK Pandian for the regional party’s…

November 8, 2024

PM Modi Slams Opposition’s Article 370 Resolution: ‘Conspiracy Against Kashmir’

Mumbai: The Congress-National Conference (NC) alliance which formed the government in Jammu & Kashmir after winning…

November 8, 2024

Chief Justice Chandrachud’s Last Day At Work: ‘Forgive Me If I Ever Hurt Anyone’

New Delhi: It was the last day in office for Dhananjaya Yeshwant Chandrachud as Chief…

November 8, 2024

Orissa HC Refuses To Quash FIR Against Lawyer Accused Of Taking Money From Client To Bribe Judge

Cuttack: The Orissa High Court has refused to quash a criminal case against a lawyer…

November 8, 2024

Low Pressure Over Bay Of Bengal In 48 Hours; Check Forecast For Odisha

Bhubaneswar: The cyclonic circulation over southwest Bay of Bengal is likely to intensify into a…

November 8, 2024

Congress Activists Hurl Eggs At Odisha HE Minister’s Residence In Bhubaneswar; Know Why

Bhubaneswar: Activists of the students’ wing of Odisha Congress staged a demonstration and threw eggs…

November 8, 2024

Love Jihad? Kashmiri Youth Held In Bhubaneswar For ‘Blackmailing’ Woman For Marriage

Bhubaneswar: Mahila Police in Bhubaneswar on Friday detained a Kashmiri Muslim youth, Samir Mansoor, for…

November 8, 2024

Woman RI Faints After Tehsildar’s Phone Call In Odisha; Husband Moves Police Alleging Mental Torture

Keonjhar: A woman Revenue Inspector (RI) reportedly fainted after Ghasipura Tehsildar in Odisha’s Keonjhar district…

November 8, 2024