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2026 Supreme(Online)(Ori) 2946

ORISSA HIGH COURT
K.R. Mohapatra, V. Narasingh, JJ
Registrar (Judicial) – Appellant
Versus
State of Odisha – Respondent
SUO MOTU W.P.(C) PIL No.2140 of 2020



Advocates:
For the Appellants/Petitioners: Lalatendu Samantaray, Bijay Kumar Dash, Nagendra Kumar Mohanty, Manoj Kumar Mishra, Avijit Pattnaik
For the Respondents: Debasis Nayak, Prasanna Kumar Parhi

Courts in public interest litigation exercise oversight to ensure state functionaries maintain essential public health infrastructure and civic amenities. Judicial monitoring and the use of expert committees are legitimate tools to enforce administrative accountability and protect fundamental rights concerning healthcare and an safe environment.

Headnote:(A) Public Interest Litigation - Constitutional Jurisdiction - Scope and Ambit - Judicial oversight in matters of public health and civic governance - Directing state authorities to improve essential infrastructure and ensuring accountability - The Court functions as a facilitator for systemic improvement in public services by monitoring compliance and coordinating with expert committees - The Court has emphasized the necessity of interdepartmental communication, fire safety standards in intensive care units, and the maintenance of essential hospital services through regular reporting and administrative action. (Paras, Order 411, 413-B, 413-I)

Facts of the case:
The court initiated proceedings in the form of a public interest litigation regarding deficient civic amenities and public health infrastructure. Issues explored included the dysfunction of municipal services, inadequate hospital administrative coordination, concerns regarding fire safety in medical facilities, procurement of medical equipment, and the maintenance of essential pediatric healthcare facilities. Diverse committees were constituted to facilitate the oversight of these urban and medical infrastructure projects.

Findings of Court:
The Court observed that systemic failures in administrative coordination and infrastructure maintenance, especially in the health sector, require judicial supervision to ensure the fulfillment of state obligations. It held that periodic reviews, professional audits, and the active involvement of institutional committees are essential to ensure the functionality of public utility services and the safety of patient care environments.

Issues: The main issues were the inadequacy of institutional coordination in public healthcare, the requirement for robust fire safety protocols in medical facilities, the necessity of functional civic maintenance for municipal residents, and the role of the judiciary in overseeing administrative compliance regarding essential services.

Ratio Decidendi: State authorities are duty-bound to maintain public health and civic infrastructure; in cases of systemic inertia, the Court is empowered to direct, monitor, and enforce compliance through the establishment of oversight committees to ensure the protection of fundamental rights related to health and a safe living environment.

Result: Directions issued for committee formation, reporting of infrastructure status, and compliance with safety and administrative protocols across concerned health and civic departments; matter posted for periodic review.

RECONSTITUTION OF COMMITTEE(S) TO ASSIST THE COURT

Order No. 411.

On account of new office bearers being elected and assuming charge of the Orissa High Court Bar Association, the Secretary of Orissa High Court Bar Association is requested to submit a fresh list of learned counsel to represent each of the 59 wards coming under Cuttack Municipal Corporation.

They are also called upon to submit the names of members of the committee consisting of maximum five numbers including two lady members to assist this Court relating to the issues pertaining to SCBMCH, Cuttack and Sardar Vallabhbhai Patel Post Graduate Institute of Pediatrics and issues in connection with and arising out of the concerns relating to the health sector.

The civic issues relating to Cuttack Municipal Corporation shall be entertained only through the aegis of Advocates’ Committee representing the ward(s)/residents welfare committees.

To ensure ease of conducting the proceeding and to address multifarious issues plaguing Cuttack city that need to be addressed in the present PIL, this modality is adopted. It is needless to say that the same can be suitably modified taking into account, on the strength of inputs from the stake holders.

This Court would be failing in its duty if it does not place on record its deep sense of appreciation for the assistance rendered by the members of the Advocates’ Committee of different wards led by learned Senior Counsel Mr. Manoj Kumar Mishra and Mr. Avijit Pattnaik, Ex-President and Secretary of the Orissa High Court Bar Association respectively as well as, for the invaluable efforts of Mr. Bijay Kumar Dash, learned Senior Counsel and Ex-President of the Orissa High Court Bar Association as also Er. Mr. N.K. Mohanty, learned member of the Orissa High Court Bar Association as Amicus Curiae(s).

This Court has no iota of doubt that as and when this Court requires their assistance/guidance, they will ungrudgingly extend the same, in furthering the interest of the man on the street, whose voice is more often than not, goes unheard.

In this regard, this Court looks forward to the continuing proactive cooperation of State functionaries, the learned counsels appearing for the Union of India and State Government, CMC and other wings of State or State owned organizations.

Secretary, Orissa High Court Bar Association shall submit the list of the counsels as aforesaid in terms of this order by 15th of April, 2026, in sealed cover.

(K.R. Mohapatra)

Judge

(V. Narasingh)

Judge

ILLUMINATION OF STREET LIGHTS/STREET LIGHTS NOT FUNCTIONING AND ISSUE RELATING TO TRAFFIC

Order No. 412.

1. These matters are taken up through hybrid arrangement (video conferencing/physical mode).

2. It is submitted that 70 nos. of LT lines Poles in Ward No.55 i.e. from Kanheipur Primary School to Bhadimula on Mahanadi river embankment road have been erected and all the street lights in the said stretch have become functional.

3. Learned Members of the Advocates’ Committee are called upon to submit their response regarding the aforesaid claim.

4. So far as other street lights and traffic lights etc. are concerned, members of the Advocates’ Committee of all the wards are called upon to verify functioning thereof and a report in the said regard relating to all the wards shall be submitted by the next date.

5. Put up this matter on 14th of May, 2026.

(K.R. Mohapatra)

Judge

(V. Narasingh)

Judge

ISSUE OF SCBMCH, CUTTACK

i) OPEN HEART SURGERY IN THE CTVS DEPARTMENT

Order No. 413-A.

1. The Commissioner-cum-Secretary, Health and Family Welfare Department, Government of Odisha, Ms. Aswathy S. (IAS), who appears through virtual mode, assures the Court that she will have a discussion with the Managing Director, Odisha State Medical Corporation Limited (OSCML) and apprise the Court about the date by which the construction of Modular OTs be completed in all respects.

2. Put up this matter on 7th May, 2026.

(K.R. Mohapatra)

Judge

(V. Narasingh)

Judge

ii) INTERDEPARTMENTAL COORDINATION

Order No.

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