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Orissa High Court asks Cuttack authorities to remove bamboo structures and hoardings; Reports “artificial scarcity” of raw materials

The Orissa High Court on Tuesday inquired into the state of preparedness of the municipal authorities of Cuttack city in the face of a likely severe cyclonic storm. ‘Dana’, which is expected to make landfall on the Odisha coast between 24 and 24th and 25th October.

A special division bench of Justice Sangam Kumar Sahoo And Judge V. Narasingh was hearing a PIL regarding civic issues of Cuttack city. Although the matter was not included in the agenda, it was considered urgently due to the ensuing cyclone.

Mr. Bijay Kumar Dashpresident of the High Court Bar Association, informed the judges that a number of huge bamboo structures stood on the sides of public roads across the city even after the completion of Durga Puja. It was also informed that one such bamboo structure had collapsed in Khan Nagar, causing damage to some parked vehicles, but no casualties were reported.

The Court then referred to the bulletin of the Indian Meteorological Department (IMD) which has issued a red alert for extremely heavy rain and gusty winds in some districts of the state, including Cuttack.

“…there would be a wind speed of 100 to 120 km per hour and if the bamboo structures are allowed to remain as they are, there will be a risk of casualties and also extensive damage to vehicles, houses and properties of the public in general and, therefore, of the necessary orders. be issued to the respective Puja committees for immediate removal,” he ordered.

The lawyer representing the Cuttack Municipal Corporation (CMC) produced a letter issued by the CMC Commissioner to all Puja committees to remove mandap/light barriers/puja stages and other temporary structures at the earliest and latest within 24 hours.

Mr. Jagmohan MeenaDeputy Commissioner of Police, Cuttack said preparatory meetings for the cyclonic storm have already been held and all Inspectors-in-Charge (IICs) have been asked to speak to the Puja committees to remove all temporary structures from the roads see you as soon as possible.

Mr. Dattatraya Bhausaheb Shinde, Collector, Cuttack further informed the division bench that if the puja committees do not comply with the order of the CMC, then the district administration will take steps for demolition of such structures and the erring committees will be denied NOC l next year.

Further, the CMC Commissioner assured the Court that necessary measures have already been taken to avoid waterlogging due to heavy rains. Moreover, there would be no interruption in the supply of drinking water, which will be provided by the CMC on a door-to-door basis.

The collector stressed that the electricity department has been alerted to facilitate the restoration of electricity as soon as possible, in the event of a power supply failure due to the cyclone.

The Collector also pointed out that some vendors, by exploiting the situation, tried to create an artificial shortage of essential commodities like vegetables and groceries, but later, after the intervention of the district authorities, the prices have fallen and sufficient stock of products has been obtained. The goods have been preserved.

The Tribunal ordered the CMC authorities to remove all the hoardings installed at different places in the city and they were also directed to cut the branches of trees which are in a dangerous condition.

Before withdrawing from the order, the court expressed its appreciation to the district authorities and hoped that the cyclone would cause as little damage to the city as possible.

“This Court expresses its deep appreciation for the proactive measures taken by the Collector, Cuttack, DCP, Cuttack and the Commissioner, Cuttack Municipal Corporation to meet the requirements related to cyclone “DANA”. And sincerely hope that the Cyclone will cause as little damage as possible.

Case title: Registrar (Judicial), Orissa High Court, Cuttack v. State of Odisha & Ors.

Case number: Suo Motu WP(C) PIL No. 2140 of 2020

Order date: October 22, 2024

Advisor to the applicants: Uh. NK Mohanty, Amicus Curiae

Counsel for the respondents: Mr. Jyoti Prakash Patnaik, Government Advocate; Mr. Debasis Nayak-A, Addl. Government. Defender and defender of the CMC; Mr. Bijay Kumar Dash, Advocate, President, Orissa High Court Bar Association

Click here to read/download the order