Mushroom growth of 'frivolous' PILs: Top Court remarks dismissing plea against Orissa Govt's excavation work near Jagannath temple

Deprecating the practice of filing frivolous petitions, the Supreme Court on Friday observed that there is mushroom growth of public interest litigations (PILs), and in many of such petitions, no public interest is involved at all.

A bench of Justice BR Gavai and Justice Hima Kohli made these observations while dismissing the plea challenging the order of the Orissa High Court not restraining the State government from carrying out excavation work around Shree Jagannath temple at Puri in Odisha alleging that the said excavation poses a serious threat to the temple. Another's appeal concerning the same subject matter was heard together.

"The petitions are either publicity interest litigations or personal interest litigation. We highly deprecate practice of filing such frivolous petitions. They are nothing but abuse of process of law.They encroach upon a valuable judicial time which could be otherwise utilized for considering genuine issues", observed the vacation bench.

The division bench also remarked that it is high time that such so­ called public interest litigations are nipped in the bud so that the developmental activities in the larger public interest are not stalled.

Top Court thus held that State cannot be stopped from construction of toilets and other facilities in the larger public interest to devotees.

Furthermore, from the impugned orders, High Court was found to have recorded the statement of the Advocate General for the State of Odisha that both the ASI and State government would work together to ensure that no archeological remains were missed out or damaged. Taking note of this, the vacation bench said,

"... even if the appellants had any genuine concern, the same is already taken care of in the impugned order. In spite of that, the matter was mentioned for obtaining urgent orders before the Vacation Bench on Monday, i.e., 30th May, 2022. Since the matter was not listed on Tuesday, i.e., 31st May, 2022, it was again mentioned on the said date. Again a hue and cry was made as if heavens are going to fall if the petitions were not listed."

Supreme Court also referred to its earlier decision in Mrinalini Padhi vs. Union of India and others wherein it had the occasion to consider the situation prevailing in the vicinity of Shree Jagannath Temple.

Court had then found that redevelopment plan around the Temple was mainly aimed to decongest the area for the benefit of the pilgrims and to make the Puri city a world heritage city. It had also recorded that nobody was opposing the reforms for the betterment of the place as during the annual Rath Yatra, lakhs of people visited the Temple town and the congregation was unmanageable.

In Mrinalini Padhi, the top court had directed that separate toilets for males and females should be provided for the pilgrims with modern amenities and have cloak rooms and had accordingly directed the Temple administration to take steps in that regard.

Accordingly, Court held that the nature of construction undertaken by the State and the Temple administration is in tune with these directions issued by it in 2019.

Thus, finding the two appeals to be without any substance, Court dismissed with costs, of Rs. 1,00,000 each, payable by the appellants to the State government within four weeks from today.

Case Title: ARDHENDU KUMAR DAS vs. THE STATE OF ODISHA AND ORS.