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In the Public Interest Litigation challenging the construction work being carried out near the 12th century Jagannath Temple in Puri, today arguments were put forth that despite enough outside space having been acquired by the government, the Orissa Government is insisting on digging ground 30 feet deep within 25 meters of the ancient temple building for construction of toilets. 

The matter pertains to the PIL plea filed by social activist Dillip Kumar Baral alleging that the construction work carried out under Puri Heritage Corridor Project, which began on January 20 this year, can destabilize the structural stability of the 12th-century temple.

Before the bench of Chief Justice S. Muralidhar and Justice RK Pattanaik, the intervener in the case, Sumant Kumar, another social activist, argued that Court's immediate interference is needed as the construction work is continuing and digging around the temple is going on.

The argument was pressed in view of the request by the counsel for the Archaeological Survey of India, Adv Parikh, that 10 days further time is needed to file the counter affidavit as was asked by the Court on the last date of hearing. 

On April 8,  issuing a notice to the state government and the ASI on Baral's plea, the high court had directed the state government and the ASI to make their stand clear on the project and file counter affidavits. A joint survey by the two was also allowed. 

Today ASI's counsel apprised the court that as an extensive report will be needed to clarify the situation, more time is required to conduct a survey and to the report thereof. 

Adv. Anup Kumar Mohapatra, appearing for Baral, however, submitted that the legal points in the matter can be considered without the ASI's counter affidavit but the Court insisted that the same can wait till ASI files its reply. 

Interestingly, it was also argued before the court today that the authorities are misguiding the court regarding the need for the ASI survey as there is already a survey by the National Monuments Authority which agrees with the petitioner's apprehensions.

However, Court decided to grant two weeks' time to ASI to file the counter affidavit and posted the matter on May 16 for further hearing. 

Court mentioned that if anyone sees any harmful, irreparable action being carried out, as apprehended, near the temple they can file an intervening application in the meanwhile. 

Case Title: Dillip Kumar Baral V/S State Of Odisha