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2019 DIGILAW 1871 (SC)

INTER CONTINENTAL ASSOCIATION OF LAWYERS v. STATE OF ODISHA

2019-08-27

ARUN MISHRA, B.R.GAVAI, M.R.SHAH

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ORDER : W. P. (C) NO. 1094 OF 2019 Issue notice. 1. Heard the learned counsel for the parties. Mr. S.S.Mishra, learned Advocate-on-Record, accepts notice on behalf of the State of Odisha. 2. This Public Interest Litigation (PIL) has been filed by Inter Continental Association of Lawyers through its International Chairman Mr. Debasis Misra. The prayer made in the writ petition is that the decision of the Odisha Government Cabinet dated 16.08.2019 for removal/demolition of structures within 75 meters of the wall of Shri Jaganath Temple at Puri, Odisha be quashed. 3. We have perused the report that has been placed on record. The report indicates that the Collector has been authorized by the Cabinet to conduct a detailed survey regarding requirement of land, number of properties likely to be affected, vendors to be rehabilitated and to prepare a redevelopment plan around the temple. It is stated in the report that around one million pilgrims visit the town every year during the annual Rath Yatra of Lord Jagannath. The State Government will rehabilitate those who are going to be affected because of the redevelopment plan. Residents of the town, vendors and commercial establishments will be rehabilitated by the State Government. 4. Mr. Debasis Misra, Chairman of the Association has submitted that illegal action of demolition has been taken without acquisition of the properties and there is likelihood of the law and order problem created by the illegal action of the State Government. 5. Mr. Ashok Parija, learned Advocate General appearing for the State of Odisha, has stated that no action will be taken against any private individuals without resorting to the procedure in accordance with law under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He has submitted that few structures have been demolished, but they have been demolished with the consent of the owners. The statement is placed on record. 6. In view of the aforesaid, redevelopment has to be undertaken by making the acquisition in accordance with law. For providing facilities to the pilgrims/visitors, development plan has been prepared. In the facts and circumstances of the case, the decision taken by the Cabinet cannot be said to be illegal in any manner. It has been assured that the process of law will be adopted to do the needful. It is for affected persons to question the action taken. For providing facilities to the pilgrims/visitors, development plan has been prepared. In the facts and circumstances of the case, the decision taken by the Cabinet cannot be said to be illegal in any manner. It has been assured that the process of law will be adopted to do the needful. It is for affected persons to question the action taken. Nothing need be said further as that is sufficient to allay the apprehension entertained by the petitioner – Association of Lawyers. Accordingly, the writ petition is disposed of. WRIT PETITION (C) NO. 649 OF 2018 7. In terms of the order passed by this Court in W.P.(C) No. 1094 of 2019 above, I.A.Nos. 126431 of 2019 and 91293 of 2018 are disposed of. 8. In view of the fresh developments, which have taken place, this Court as well as the learned Advocate General for the State of Odisha have requested Mr. Ranjit Kumar, learned Amicus Curiae and Mr. Tushar Mehta, learned Solicitor General, to visit Puri and to make suggestions and submit a report. List on 17.09.2019.