Research › Search › Judgment

Orissa High Court · body

2014 DIGILAW 526 (ORI)

Debiprasad Bhol v. State of Odisha

2014-08-25

AMITAVA ROY, B.R.SARANGI

body2014
JUDGMENT Dr. B.R.Sarangi, J. Debiprasad Bhol, addressed a fax message to the Hon’ble the Acting Chief Justice seeking direction to the Government Agencies to take appropriate steps for making provisions for better roads, clearance of demarcation of passage, medical facilities to Kaudias to Statewide, which was entertained as a Public Interest Litigation and registered as W.P.(C) No. 13919 of 2014. 2. On perusal of the said letter, it appears that the practice of Kaudias is not only very ancient but also a strenuous one. The sacred expedition is undertaken in the month of Shrabana by thousands of devotees across the State to different temples of Lord Shiva for performing the Abhishek. The tradition of Kaudias is under serious threat due to complete negligence on the part of the Government. The Government has failed to provide bare necessities and facilities to the devotees, who undertake the pious journey by walking on bare feet for long distance to offer holy water to Lord Mahadev in various temples of the State. The difficulties include walking on bad road condition without any clearly demarcated pathway, no adequate medical aid, other facilities on the way, etc. Due to absence of clear demarcated area for passage of such large number of Kaudias, unwanted traffic congestion is caused not only resulting inconvenience to the passersby but also putting the life of the Kaudias at risk and most often the Kaudias noticed walking dangerously close to the highway near high speed vehicles. Due to damage of the path, it is impossible to walk on it and therefore the Kaudias come to the middle of the road risking their life and there is no light provisions in the diversions, which creates problem for the devotees and therefore the National Highways Authorities of India should look after the same. It is the duty of the State to give protection to such large number of devotees, numbering lakhs, who go for this sacred expedition. It is stated that large number of devotees come in between ‘Suklapakhya Monday’ and ‘Purnima’ and therefore necessary steps be taken for the safety and security of such large number of devotees. 3. It is the duty of the State to give protection to such large number of devotees, numbering lakhs, who go for this sacred expedition. It is stated that large number of devotees come in between ‘Suklapakhya Monday’ and ‘Purnima’ and therefore necessary steps be taken for the safety and security of such large number of devotees. 3. While entertaining such message as a Public Interest Litigation, this Court vide order dated 28.07.2014 looking at the urgency of the matter which concerned the safety and security of a very large number of devotees, directed the Chief Secretary, of the State, D.G. Police, Commissioner of Police, Cuttack-Bhubaneswar, Collectors of all the districts, Chief Engineers of Water Resources Department, Urban Department, Rural Development Department, Works Department, Rural Engineering Department as well as NHAI Authorities to take immediate steps/to make immediate arrangements before 03.08.2014 for smooth movement as well as safety and security of the devotees/Kaudias throughout the State, and with further direction that for smooth movement and adequate lighting, arrangement be made in places of diversion of roads. 4. Heard Mr. Jyoti Prakash Pattnaik, learned Addl. Govt. Advocate, Mr. S. Das, learned counsel for the Endowment Commissioner, Mr. Amitav Das, learned counsel for the NHAI. 5. Perused the affidavits filed on behalf of the Director General of Police, Chief Engineer, NHAI, Govt. of Odisha, Bhubaneswar, Chief Engineer, PH, Urban, Odisha, Bhubaneswar, Collector, Jagatsinghpur,Collector, Kendrapara, Collector, Nabarangpur, Collector, Bargarh, Collector, Sundargarh, Collector, Subarnapur, Collector, Rayagada, Collector, Khurda, Commissioner of Police, Cuttack-Bhubaneswar and NHAI Authorities. 6. As it appears, the Director General of Police, in obedience to the order dated 28.07.2014 passed by this Court in his affidavit has categorically stated that Inspector of Police, CID, Crime Branch, Odisha, Cuttack has directed all the Superintendent of Police of the State to make immediate steps for smooth movement as well as the safety and security of the Kaudias/devotees. The Chief Engineer, NHAI, Govt. of Odisha, Bhubaneswar has also stated in his affidavit that all the Executive Engineers under NH organization have been directed to act as per directions of this Court and in this regard 4510.712 K.M. length of NHs is passing through the State of Odisha, out of which, 1462.326 K.M. length of NHs covering following corridors has been entrusted to NHAI. A major chunk of devotees are resorting to these routes to reach their destination to perform rituals, which is quoted below: i) Laxmannath-Balasore-Cuttack-Bhubaneswar-Berhampur:NH-6. A major chunk of devotees are resorting to these routes to reach their destination to perform rituals, which is quoted below: i) Laxmannath-Balasore-Cuttack-Bhubaneswar-Berhampur:NH-6. ii) Bhubaneswar-Puri: NH-316 iii) Luhurachati-Bargarh-Sambalpur: NH-53 iv) Talcher-Kamakhyanagar-Chandikhol-Paradeep: NH-53 v) Biramitrapur-Panpost-Rajamunda-Barkote: NH-143 vi) Panikoili-Keonjhar-Rajamunda: NH 20 and NH-520 vii) Manguli-Angul-Sambalpur: NH-55 Remaining 3048.396 K.M. are with NH wing of Odisha State PWD, National Highways in most of stretches are having two lane carriage way of 7 mtr. Width and 2.5 mtrs. Wide berms on either side of the carriage way for smooth movement of Pedestrians. Proper road marking and signage as and where required has also been provided for road users. There is absolutely no problem for devotees to reach their destination safely using the road berms along NHs. 7. The Chief Engineer, PH, Urban, Odisha has also stated that they have provided drinking water facilities to the Kaudias at different places as narrated paragraph-4 of the affidavit and also taken steps for periodical loading to 2 nos. PVC tanks kept at Bolbum Seva Trust and Hand pump tube wells/stand posts existing near and inside the temple premises are made functional for collection of drinking water to the kaudias. 8. The Collector, Jagatsinghpur in his affidavit stated that he has instructed the district authorities of concerned departments as well as all Tahasildar and BDOs of Jagatsinghpur like SP/Executive Engineer, Mahanadi South Division, Cuttack/Executive Engineer, Irrigation Division/Executive Engineer, RWSS/Executive Engineer, R&B/Executive Engineer, RW/Executive Engineer, CESU, JED/Executive Engineer, CESU, PED/DCMO/Asst. Engineer, PHD and RTO, Jagatsinghpur to make necessary arrangements relating to their respective departments and also taken appropriate steps relating to safety and security, keeping the roads in good condition and demarcation of path ways, pavements, drinking water supply, medical aids and services, lighting, control traffic congestion to the Kaudias during their journey to different temples of Lord Mahadev. 9. Similar affidavit has also been filed by the Collectors of Kendrapada, Nawarangpur, Bargarh, Sundargarh, Subarnapur, Rayagada and Khurda. 10. The Commissioner of Police, Cuttack-Bhubaneswar has specifically stated in his affidavit that anticipating huge congregation of ‘Bole Bom’ devotees for performing Abhishek in the month of Shrabana at Gadagadia Ghat, Ganesh Ghat and other places at Cuttack and their mass trudging/gathering from 12.7.2014 to 10.08.2014, the Urban Police Districts of Cuttack and Bhubaneswar have made separate arrangements under their respective jurisdiction to regulate movement of traffic and in still safety among Kaudias during their sojourn enroute. The Urban Police District, Cuttack deployed police forces and officers in twentyone vulnerable points from Gadagadia ghat to Phulnakhara shift-wise from 9 A.M. to till clearance of congregation during the month of Shrabana. In addition to this, separate forces are being deployed for constant mobile patrolling duty across NH-5. The PCR patrolling vehicles fitted with loud speakers are also put into the service from Phulnakhara to Uraligada Chhak to prevent any untoward incident, to regulate traffic and orderly movement of the devotees. The police personnel of Cuttack UPD have deployed at Gadagadia Ghat, Ganesh Ghat, Dhabaleswar Ghat and other places where the Kaudias are performing puja. The ODRAF team and Fire Brigade team are also deployed to provide all sort of assistance at Gadagadia Ghat, Dhabaleswar Ghat and Ganesh Ghat. In order to keep the Mahanadi river bed well lightened during night hour, Dy. Commissioner of Police requested the Commissioner, Cuttack Municipality Corporation to provide sufficient light on the river Mahanadi en-route. The Urban Police District, Cuttack has installed two aska lights of its own to word off invisibility of river bed area and they have explained in detail the steps taken for safety and security of Kaudias. 11. The NHAI in its affidavit has specifically stated that steps have been taken to demarcate the pathway for the passage of kaudias on highways along with other facilities like Ambulance, Patrolling Vehicle, First Aid etc. and to make immediate arrangements and adequate lighting arrangement be made in places of diversion of the road. It is stated that a review meeting was also held under the Chairmanship of Regional Officer, NHAI, Bhubaneswar and in the said meeting all the Project Directors and other officers of NHAI and representatives of concessionaire/operation and maintenance contractor were present. In the said meeting, arrangements made by them on the stretches of their respective jurisdiction of NH-5, NH-203, NH-6 and NH-215 was discussed in detailed. In Bhubaneswar-Chandikhole Section of NH-5 where the work of six laning is under progress, separate pathways and barricading has been provided by the concessionaire wherever footpath/service road is unavailable. On Bhubaneswar-Puri Section of NH-203, where the work of four laning is under progress, one carriageway of the highway has been allocated for exclusive use of kaudias besides other facilities. In Bhubaneswar-Chandikhole Section of NH-5 where the work of six laning is under progress, separate pathways and barricading has been provided by the concessionaire wherever footpath/service road is unavailable. On Bhubaneswar-Puri Section of NH-203, where the work of four laning is under progress, one carriageway of the highway has been allocated for exclusive use of kaudias besides other facilities. It is stated that they have taken safety measures by providing separate pathways, necessary barricade by using safety cones and reflective ribbons, providing adequate lighting arrangements at the diversion, arrangement of Ambulance, Route patrol vehicle and cranes, so that it will not cause any inconvenience to the kaudias. 12. The Commissioner, Endowments, Odisha, Bhubaneswar has also furnished a detailed information with a statement showing the arrangements made by the District Administration in different religious institutions and about the number of devotees who pour water on the Siva Lingas. At the same time, it has also been stated that the Trust Board of temples has taken necessary care by providing additional facilities in different temples. 13. It appears that these arrangements have been made for the current year i.e. 2014. Since that period is already over, considering the affidavits filed by the respective authorities, this Court disposes of the writ petition directing the very same authorities to continue the aforesaid facilities in the coming years so that no untoward incident takes place or any inconvenience is caused to the Kaudias performing religious duty with utmost devotion. Any lapse on the part of the authorities concerned in performing their duties and responsibilities in accordance with law will be seriously viewed by this Court. The interest of the general public is the paramount consideration, more particularly the devotees, the State Agencies owe responsibilities to provide the minimum facilities by way of better roads and clear demarcation of passage with medical facilities. 14. With the above observation and direction, the writ petition is disposed of.