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Synopsis

The Orissa High Court has prohibited the construction of pandals and mandaps on public roads in Cuttack for the upcoming Durga Puja, citing public inconvenience and the potential for traffic disruptions. Justice S.K. Sahoo and Justice V. Narasingh, presiding over the court, emphasised that no pandals should obstruct public roads, footpaths, or traffic, directing strict measures to prevent violations during the festive season.

The case stemmed from a suo motu Public Interest Litigation (PIL) addressing civic issues in Cuttack, particularly during festivals. Concerns were raised by members of the legal fraternity and civic authorities over the increasing construction of large mandaps on public roads by Durga Puja committees in Cuttack, particularly in Chandini Chowk area. Several members of the Bar expressed alarm over the traffic jams caused by these structures and their interference with public mobility. As per prior orders dated September 12, 2024, the Deputy Commissioner of Police (DCP), Cuttack, Prakash R., was directed to file an affidavit detailing preventive measures to tackle sound pollution, manage traffic, and enforce safety protocols during the upcoming festivities.

The affidavit, submitted and taken on record, outlined a comprehensive plan, including:

• Sensitisation programs across various police station jurisdictions to raise awareness among Puja Committees and the public about the harmful effects of loud music, including sleep disturbances, stress, and its impact on students' academic performance.
• Traffic control measures to prevent jams caused by the construction of mandaps and electric decorations on public roads and footpaths.

Additionally, Sanjeev Kumar Behera, Assistant Fire Officer of Cuttack, filed an affidavit confirming that fire safety measures had been addressed in a meeting chaired by the District Collector. The meeting involved representatives of all relevant departments, including the Fire and Emergency Services and the police, alongside Puja Committee members. Instructions were issued for each Puja Committee to keep two fire extinguishers, fire buckets, blankets, and to station personnel trained in fire safety at each mandap. The affidavit also highlighted plans to open six additional temporary fire stations in Cuttack during the festival, supported by bike patrols and quick response units.

In response to these submissions, the court noted the serious concerns over traffic congestion and illegal construction of pandals on public roads, which obstruct normal traffic flow. “It is stated that all the IICs of Cuttack City have been directed to undertake awareness programmes in their respective police station jurisdiction to sensitize different Puja Committee as well as general public not to play loud music during the festive season, cultural programmes and immersion processions etc. as it creates negative effects on people and environment including health issues, sleep disturbance, stress and affect the academic performance of the students as well,” the court highlighted, taking the affidavit on record.

The High Court concluded by directing that all the safety and traffic management measures, as suggested by the authorities, be enforced effectively. “We expect that appropriate steps as suggested by the D.C.P., Cuttack so also the Asst. Fire Officer in their affidavits would be effectively implemented so that the people would enjoy Puja in a better manner,” the court remarked.

The next hearing of the case is scheduled for October 3, 2024.

 

Cause Title: Registrar (Judicial), Orissa High Court, Cuttack v. State of Odisha & Ors. [Suo Motu W.P.(C) PIL No. 2140 of 2020]

Counsel for the Petitioner: Er. N.K. Mohanty, Amicus Curiae

Counsel for the Respondents: Mr. Jyoti Prakash Patnaik, Government Advocate; Mr. Debasis Nayak, Addl. Govt. Advocate; Mr. Bijay Kumar Dash, Advocate & President, Orissa High Court Bar Association