Orissa High Court Refuses to Stop Temporary Puja Pandals on Public Roads, Says Larger Public Interest Prevails
The Orissa High Court has refused to order a complete stoppage of temporary puja pandals set up on public roads, holding that the law respects the larger interest of society over an individual's interest when the two overlap.
The court was hearing a Public Interest Litigation filed by a petitioner whose house is 50 metres from a spot where a pandal was put up temporarily for a few days for Ganesh or Durga puja. The petitioner said the road was completely blocked, leaving him unable to reach his own house.
A Bench of Chief Justice Harish Tandon and Justice M.S. Sahoo observed that a question often arises when the fundamental rights of an individual are pitted against the fundamental rights of a large section of society. "There is no scintilla of doubt in our mind that if the fundamental right of a person is overlapping the fundamental rights of a large section of the society, the law respects the larger interest over an individual interest," the Bench said.
Going through the affidavits, the court noted that the pandals, where a large section of society offers prayers, had never blocked the road entirely. A 22-foot passage was left for vehicles, ensuring uninterrupted movement. The court said it is the State's duty to ensure there is no obstruction to vehicle movement and that residents of the locality have access for ingress and egress.
The State told the court that while granting permission for such religious festivals, it had made clear that the road would not be blocked in its entirety and that a sufficient and reasonable passage would be left for vehicles. Since larger public interest overshadowed individual interest, the Bench said it did not feel there should be a complete stoppage of the religious ceremonies or puja on the ground that they obstruct vehicle movement and access for residents.
The court also took note of a government guideline, in line with the relevant statute, which ensures that no person is deprived of access to their home and that vehicles are not completely stopped. It said that while granting a licence to a community to hold such festivals, the government should ensure there is no complete disruption in vehicle movement and no denial of passage for ingress and egress. Adequate distance should be strictly maintained so that emergency vehicles can move and such facilities are available at people's doorsteps in an emergency, it said.
The Bench directed the government to maintain permissible sound limits during the festivals and adhere to the fixed deadline beyond which they should not be allowed. It also ordered that temporary structures on public roads should be of such measurement that they do not eclipse the right of movement, since reasonable restrictions are permissible and adequate space should be left for vehicular movement.
Advocate Laxman Pradhan represented the petitioner, while Additional Government Advocate Debashis Tripathy appeared for the opposite party. Senior Advocate P.K. Ray appeared for an intervener. The case is Sarat Kumar Gajendra v. Collector & District Magistrate, Khordha.
Source: Verdictum