VidhiSangh

Supreme Court of India · 03/06/2022

ARDHENDU KUMAR DAS versus THE STATE OF ODISHA AND ORS.

[2022] 15 S.C.R. 358 · 2022 INSC 638

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Summary

Intervenors in a public interest petition before the Orissa High Court challenged the State's construction of toilets, cloak rooms, shelter pavilions, an electrical room and pavements within the 100-metre prohibited area of the Shree Jagannath Temple, Puri, contending that Section 20A(4) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 bars every permission for construction in a prohibited area after the 2010 amendment and that the National Monuments Authority's no-objection was beyond its powers. The High Court had declined an interim injunction after recording the Advocate General's assurances. The Supreme Court dismissed the appeals with costs of Rs 1 lakh each.

Issues

  1. Whether Section 20A(4) of the 1958 Act prohibits the State from constructing toilets, cloak rooms, drains, electrical rooms and pavements for pilgrims within the prohibited area of a centrally protected monument.
  2. Whether the National Monuments Authority and the notified competent authority could permit such works under Sections 20C and 20D, and whether the works were consistent with the Supreme Court's directions in Mrinalini Padhi.
  3. Whether the public interest litigation and the appeals deserved costs as an abuse of process.

Provisions considered

Held

Result

Appeals dismissed with costs of Rs 1,00,000 each payable by the appellants to the State of Odisha within four weeks; the Orissa High Court's order of 09.05.2022 in W.P.(C) No. 6257 of 2022 undisturbed and the construction of amenities around the Shree Jagannath Temple held lawful.

Judgment PDF: Supreme Court of India, [2022] 15 S.C.R. 358.