2022 Supreme(SC) 513

SUPREME COURT OF INDIA
B.R. GAVAI, HIMA KOHLI, JJ.
Ardhendu Kumar Das – Appellant
Versus
The State Of Odisha And Ors. – Respondents
Civil Appeal No._4515 Of 2022[Arising out of Special Leave Petition (Civil) No.10427 of 2022], Civil Appeal No.4516 of 2022 [Arising out of Special Leave Petition (Civil) No.10428 of 2022]
Decided on : 03-06-2022

IMPORTANT POINTS
(1) Construction for the purpose of providing basic and essential amenities for convenience of devotees at large within prohibited area of Shree Jagannath Temple complex in Puri is permissible.
(2) Frivolous Public Interest Litigations encroach upon a valuable judicial time which could be otherwise utilized for considering genuine issues.

Headnote:

(A) Ancient Monuments and Archaeological Sites and Remains Act, 1958 – Section 20A(4) read with Clause (dc) of Section 2 and Section 20D – Constitution of India – Article 226 – Public Interest Litigation – Issue of alleged unsanctioned and unauthorised construction activities undertaken by respondent Nos. 1 and 2 within prohibited area of Shree Jagannath Temple complex – Nature of construction which is undertaken by respondents-State and Temple administration is in tune with directions issued by this Court – Legislature was aware that repairs and reconstruction of existing structures or buildings or construction of essential facilities like public latrines, urinals, water supply and electricity distribution for pilgrims/residents are basic necessities and as such, should be permitted even in prohibited area – Submission that no construction at all can be made in prohibited area or regulated area, would be unsustainable – Even Director General of ASI has recognized potential of Puri and Ekamrakshetra for being taken up as World Heritage sites – It was agreed that all work in both places would be designed and executed keeping in mind possibility of developing them for being acknowledged as World Heritage Sites – Construction activities which are being undertaken, are being undertaken in pursuance of directions issued by Supreme Court – Construction is being carried out for the purpose of providing basic and essential amenities like toilets for men and women, cloak rooms, electricity rooms etc. – These are basic facilities which are necessary for convenience of devotees at large – Appeals dismissed with costs. (Paras 28, 41, 42, 49, 51, 57 and 60)

(B) Interpretation of Statute – Rule of Harmonious Construction – All provisions in statute have to be read harmoniously – It is presumed that each and every provision has been brought by Legislature into statute book with some purpose – A particular provision cannot be read in isolation and has to be read in context to each other – Attempt has to be made to reconcile all provisions of statute together, unless it is impossible – An interpretation which leads a particular provision to be otiose or redundant or meaningless, has to be avoided. (Paras 40 and 42)

(C) Constitution of India – Article 226 – Public Interest Litigation – Misuse of – In recent past, it is noticed that there is mushroom growth of public interest litigations – However, in many of such petitions, there is no public interest involved at all – Petitions are either publicity interest litigations or personal interest litigation – Court 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 – It is high time that such so-called public interest litigations are nipped in bud so that developmental activities in larger public interest are not stalled. (Para 59)

Facts of the case:

Present petitions challenge interlocutory order dated 9th May, 2022, passed by the Division Bench of the High Court of Orissa at Cuttack, in Writ Petition (Civil) No.6257 of 2022, wherein the Division Bench of the High Court has recorded certain submissions and statements made by Advocate General appearing on behalf of the State of Odisha and directed the matter to be posted on 22nd June, 2022 along with Writ Petition (Civil) No. 10153 of 2022. High Court has not granted an interim order restraining respondents from proceeding further with the construction.

Findings of Court:

Appeals, having been found to be without any substance, dismissed with costs, quantified at Rs.1,00,000/- ( Rupees one lakh) each, payable by appellants to the respondent No.1 within four weeks from date of this judgment.

Result : Appeals dismissed with costs.