Disposed

Madanmohan Rout S/O Late Laxmidhar Rout v. Sri Nilakanteswar Dev and Other Deities Represented through Trustee

NGT4 Apr 2025Original Application No. 193/2024

Case brief

AI extract

What is this about?

In an original application concerning a polluted water body, the court reviewed affidavits and reports from the Collector and Block Development Officer. Finding that initial steps were taken by the local Gram Panchayat and that specific clearing and restoration works were necessary, the court disposed of the application by directing the Collector to complete all contemplated restoration and remova

What did the court decide?

Direction to Respondent No.4, Collector and District Magistrate, to complete all restoration works and remove encroachments to revitalize the waterbody and file an affidavit of compliance by 31.07.202

Madanmohan Rout S/O Late Laxmidhar Rout vs Sri… — Environment and Pollution | NGT (2025)

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Item No.07

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.193/2024/EZ

Madanmohan Rout

Applicant(s)

Versus

Nilakanteswar Dev & Ors.

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Respondent(s)

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Date of hearing: 04.04.2025

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Applicant(s) : Mr. Afraaz Suhail, Adv. (in Virtual Mode)

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For Respondent(s) : Mr. Satya Brata Mohanty, AGA for R-2,3,4,7 & 8

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(in Virtual Mode), Mr. Dipanjan Ghosh, Adv. for R-5

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ORDER

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Mr. Afraaz Suhail, learned Counsel is present (in Virtual Mode) on behalf of the Applicant.

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Affidavit dated 02.04.2025 has been filed on behalf of the Respondent No.4, Collector and District Magistrate, Puri ; the same is taken on record.

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Mr. Satya Brata Mohanty, learned Additional Government Advocate holding brief of Mr. Partha Sarathi Nayak is present on behalf of the State Respondents, Government of Odisha.

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Heard Mr. Afraaz Suhail for the Applicant, Mr. Satya Brata Mohanty for the State Respondents and Mr. Dipanjan Ghosh for the Odisha State Pollution Control Board.

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(The final order of this case shall be uploaded in the NGT Website

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by separate sheets of paper)

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B. Amit Sthalekar, JM

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Dr. Afroz Ahmad, EM

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April 04, 2025, Original Application No.193/2024/EZ SKB

Item No.07

Court No.1

BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.193/2024/EZ

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In the matter of: Madanmohan Rout S/o Late Laxmidhar Rout At/PO v- Gopinathpur PS – Puri Sadar, Puri - 752002

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…. Applicant(s)

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Versus

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1. Sri Nilakanteswar Dev and other deities Represented through Trustee At – Gopinathpur,

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Puri – 752001

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2. State of Odisha

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Represented through Addl. Chief Secretary of Department of Forest, Environment and Climate Change, At – Sachivalaya Marg, Bhubaneswar – 751001

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3. State of Odisha

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Represented through Principal Secretary of Panchayati Raj and Drinking Water Department At – Sachivalaya Marg, Bhubaneswar, Pin – 751001

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4. Collector and District Magistrate, Puri

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At – Collector Office, Governor House Road Puri – 752002

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5. Odisha State Pollution Control Board

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Represented through Member Secretary At – Paribesh Bhawan,

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A/118, Nilakantha Nagar, Unit-8, Bhubaneswar – 751012

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6. Commissioner of Endowments of Odisha

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At – Debottar Bhawan,

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Near Civil Court, BJB Nagar, Bhubaneswar – 751014

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Dist – Khurda

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7. Block Development Officer, Puri Sadar

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At – Srikhetra Road,

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Puri – 752002

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8. Superintending Engineer of Drainage Division At – Shreevihar,

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Puri – 752003

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…. Respondent(s)

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Date of hearing: 04.04.2025

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Applicant(s) : Mr. Afraaz Suhail, Adv. (in Virtual Mode)

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For Respondent(s) : Mr. Satya Brata Mohanty, AGA for R-2,3,4,7 & 8

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(in Virtual Mode), Mr. Dipanjan Ghosh, Adv. for R-5

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ORDER

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Heard Mr. Afraaz Suhail, learned Counsel for the Applicant appearing in Virtual Mode, Mr. Satya Brata Mohanty, learned Additional Government Advocate appearing (in Virtual Mode) on behalf of the State of Odisha and Mr. Dipanjan Ghosh, learned Counsel appearing for the Odisha State Pollution Control Board.

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The Applicant has filed the present Original Application seeking a direction to the Respondents to revitalize the water body known as “Chandan Pokhari” by de-silting and removal of water hyacinths and other wild growths with a further direction to take steps for preventing dumping of solid and liquid waste into the said water body.

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It is stated that there is a water body known as “Chandan Pokhari” situated in Khata No.126, Plot No.564, Mouza-Gopinathpur, Routraypur, Dist-Puri, Odisha. It is stated that the said water body in question belongs to the deity Sri Sri Nilakanteswar Dev and is stated to have been patronized by Sri Chaitanya Mahaprabhu, founder of the Gaudiya Vaishnavism who is said to have visited Puri in 1510 AD and established the said temple.

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It is stated that the management of the deity is headed by SubCollector, Puri and Tehsildar-Puri as per directions of the Additional Commissioner of Endowments.

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It is alleged that the water body in question has started losing its water retention capacity due to uncontrolled pollution and encroachment and is being converted into a dumping yard by dumping all kinds of solid and liquid waste of the nearby areas. It is stated that the water body is used not only for farming and fishing purposes but also for religious rituals.

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The Collector and District Magistrate, Puri has filed its affidavit dated 02.12.2024 bringing on record the Joint Enquiry Committee Report dated 19.10.2024. The Committee Report is as under :-

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“ FIELD VISIT REPORT OF THE COMMITTEE COMPRISING OF ADM(Gen), PURI, SENIOR SCIENTIST, ODISHA STATE POLLUTION CONTROL BOARD, BHUBANESWAR AS PER ORDER DATED 24.09.2024 OF LEARNED NGT, EASTERN ZONE BENCH, KOLKATA IN CONNECTION WITH O.A. NO.193/2024/EZ FILED BY MADANMOHAN ROUT – VRS.- SRI NILAKANTESWAR DEV & OTHERS xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

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In pursuance of order dated 24.09.2024 of Hon’ble NGT, Eastern Zone Bench, Kolkata in O.A. No.193/2024/EZ filed by Madan Mohan Rout -Vrs- Nilakantheswar Dev & Others, the Committee comprising of Addl. District Magistrate (Gen); Puri and Additional Chief Environmental Scientist & Regional Officer, Odisha State Pollution Control Board, Bhubaneswar along with the Tahasildar, Puri, Dy. Collector, Judicial, Revenue Supervisor, R.I., A.R.I. of Bira Harekrushnapur visited the alleged site i.e. water body known as “Chandan Pokhari” situated in Mz- Gopinathpur, Khata No.126, Plot No.564, A.C 0.97 dec. kisam-Jalasaya-1 Dist- Puri, Odisha on 19.10.2024 at about 12.45 P.M.

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During the visit, the petitioner Sri Madan Mohan Rout, village Gentries like Natabar Rout, Bhimasen Majhi, Biswa Ranjan Behera and Sahadeb Rout were also present.

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Allegation : It is alleged that the water body in question has stated losing its water retention capacity due to uncontrolled pollution and

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encroachment and is being converted into dumping yard by dumping all kinds of solid and liquid waste of the nearby areas. It is stated that the water body is used not only for farming and fishing purposes but also for religious purpose.

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Opinion of the Local Gentries :-

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The Committee discussed with the PRI members and village gentries present there. The village gentries have opined that the Chandan Pokhari was used for “Chapa” for the Deities during Chandan Yatra near about 8 to 10 years ago and the pilgrims were also using for taking bath. The local villagers were using the Chandan Pokhari for bathing purpose. Now it is not used by the local people due to available of pipe water supply in each and every house hold.

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Observation :-

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The committee observed that the water body is enclosed from three sides by private plots, School and temple premises. Commercial establishment exist on the fourth side along the Bhubaneswar – Puri connecting road near Atharnala Chowk at Puri. It was found that the pond has been fully covered with water hyacinth which restricts the flow of the sunlight and air entering the pond creating an anaerobic condition. Some private houses and private shops are discharging their domestic waste water directly into the pond. They are also dumping the household solid wastes near the pond area. As this area comes under Panchayat jurisdiction and does not come under Puri Municipality for which the solid wastes are not removed regularly. The pond has been severely polluted and it is not in use.

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It is a fact that the Chandan Pokhari is not used by Public since last 8 to 10 years. So due to non-use of the said pond, the water is covered with water hyacinth and nobody has taken step for removal of it. It is a fact that the said water body “Chandan Pokhari” belongs to the Deity Sri Sri Nilakantheswar Dev. It may be used for religious purpose by the management of Deity Sri Sri Nilakantheswar Dev.

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The Committee suggests that the Chandan Pokhari required immediate renovation.

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Recommendation :-

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1. The existing hyacinth shall be removed completely from the pond.

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2. The private houses and the private shops shall be instructed to stop discharge of the domestic waste water into the pond.

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3. The private houses and the private shops shall also be instructed to stop throwing/dumping of the hoiuse hold and the shop solid waste into the pond.

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4. The pond shall be desilted, proper lined embankment shall be provided around the pond so that no outside waste enters into the pond.

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5. The pond shall also be provided with an outlet to release the excess water from the pond to nearby drainage system to avoid over flow to the nearby areas during rainy season.”

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Perusal of the Enquiry Report shows that the water body in question is losing its water retention capacity due to uncontrolled pollution and encroachment and is being converted into a dumping yard by dumping all kinds of solid and liquid waste of the nearby areas. It is categorically stated that the water body is being used not only for farming and fishing but also for religious purposes.

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The Inspection Committee in the course of its inspection, also discussed the issues with the Applicant who was present during inspection as also some of the village Gentry like Natabar Rout, Bhimasen Majhi, Biswa Ranjan Behera and Sahadeb Rout who stated that the Chandan Pokhari was used for “Chapa” for the Deities during Chandan Yatra near about 8 to 10 years ago and pilgrims and local villagers were also using the Chandan Pokhari for bathing purposes.

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The Committee in its report under the heading “Observation” has stated that the waterbody in question is enclosed from three sides by private plots, Schools and temple premises ; commercial establishment exists on the fourth side along the BhubaneswarPuri connecting road near Atharnala Chowk at Puri ; it was found

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that the pond was completely covered with the water hyacinth which restricts the flow of sunlight and air entering the pond creating an anaerobic condition ; some private houses and private shops are discharging their domestic waste water directly into the pond and are also dumping household solid waste near the pond area. It is also observed that the area falls under the Panchayat jurisdiction and does not come under the Puri Municipality.

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Further affidavit dated 03.02.2025 has been filed by the Collector, Puri stating that the Collector and District Magistrate, Puri vide its letter dated 27.12.2024 requested the Block Development Officer (BDO), Sadar, Puri to consult with the trustees of Sri Nilakantheswar Dev, PRI Members, households and shops around the “Chandan Pokhari” and to take steps to implement the order of the National Green Tribunal and thereafter, the Block Development Officer (BDO), Sadar, Puri conducted a meeting with all the stakeholders on 29.01.2025 in the presence of the members of the Trust of Sri Nilakantheswar Dev Temple, Gopinathpur, local gentry, local Sarapanch and PEO, Gopinathpur in his office and the following decisions were taken :-

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a. Weeding and De-siltation of “Chandan Pokhari” is to be done.

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b. Construction of guard wall is to be made to protect the “Chandan Pokhari”.

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c. Construction steps is to be done.

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d. Outlet drainage Channel and Culvert is to be constructed for discharge of water to Musa River.

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e. Tahasildar, Puri has been requested to conduct enforcement drive to stop drainage of waste water drainage by hoiuseholds and shop keepers to Chandan Pokhari.

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f. The estimate of the above projects is to be prepared by the Gopinathpur Gramapanchayat.

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g. The temple and it’s properties are under Endowment. So Trust is to be requested to obtain necessary permission and the trust will place fund to Block Development Officer, Puri for execution of above works.

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Copy of the proceedings of the meeting held on 29.01.2025 was also filed at page 66 of the paper book.

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Further affidavit dated 02.04.2025 has been filed by the Collector, Puri and it is stated that as per the Report of the Block Development Officer, Puri Sadar Block :-

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i) A meeting was convened by the Block Development Officer, Puri with the Trustees of Sri Nilakantheswar Dev, PRI members, local Gentry and stakeholders regarding “Chandan Pokhari” of Gipinathpur.

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ii) The periphery cleaning and site clearance has been started by the Gopinathpur Gram Panchayat.

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iii)The Tahasilder, Puri has initiated the process of enforcement to stop waste water drainage by Households and Commercial Establishments around the Chandan Pokhari into the waterbody.

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It is also stated that necessary permission for execution of works like construction of guard wall, construction of steps, outlet drainage channel and culvert for discharge to the Musa River has been sought from the Sub-Collector-cum-Interim Trustee Sri Nilakantheswar Dev Trust Temple by the Block Development Officer, Puri Sadar.

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It is stated that a Field Visit was conducted by the Sub-Collector, Puri, Block Development Officer, Puri Sadar Block, Tahasildar, Puri Sadar and Revenue Inspector, Biraharekrushnapur on 27.03.2025 in the presence of the Applicant and local gentry and it was observed that cleaning of Chandan Pokhari had been taken up by Gopinathpur Gram Panchayat under Puri Sadar Block by removing the water weeds, water hyacinth and sludge from the Pokhari in question.

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It is stated that the total area of the pond as per the Revenue records is Ac. 0.97 dec. i.e. about 42.253 sq.ft. approximately under “Jalasaya” kisam but there are encroachments along the embankment, the exact extent of which shall be determined only after a thorough demarcation of the plot.

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The Collector, Puri in its affidavit further stated that the Tahasildar, Puri has been directed to conduct a thorough demarcation and determine the extent of encroachment and the type of encroachment after the end of March 2025. It is stated that persons around the adjoining area of the pond have constructed structures and have also rented out those structures to various shops and commercial establishments who are dumping garbage and waste into the pond along with domestic waste water. It is stated that the Sub-Collector has warned the residents and the shop owners not to throw any garbage or discharge domestic waste water into the pond.

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It is also stated that since the property belongs to the Deity and it is not Government property, therefore it has been decided to move a request letter to the Commissioner of Endowment, Odisha for taking necessary action as per Hindu Religious Endowment Act. in

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respect of the occupants who have constructed structures and are occupying or renting out the property for both residential and commercial purposes by illegally taking possession of the property of the Deity. It is also stated that it has been decided to move the Commissioner of Endowment, Odisha with a request to take necessary steps in terms of Section 25 and 68 of the Orissa Hindu Religious Endowment Act, 1951 for handing over possession of the properties of the Deities to the Interim Trustee and the Interim Trust Board constituted vide order dated 21.09.2024 of the office of the Commissioner of Endowments, Odisha, Bhubaneswar.

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Having gone through the pleadings of the parties and the submissions made by the Counsel and on perusal of the documents

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on record which have already been extracted hereinabove, we dispose of this Original Application with a direction to the Respondent No.4, Collector and District Magistrate, Puri to complete all the works as contemplated in para 10 hereinabove with regard to restoration of the waterbody in question to its original pristine form not only with regard to cleaning the waterbody but also removing of encroachments and steps taken in that regard and file affidavit of compliance by 31.07.2025 .

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I.As, if any, stand disposed of accordingly.

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There shall be no order as to costs.

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B. Amit Sthalekar, JM

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Dr. Afroz Ahmad, EM

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April 04, 2025, Original Application No.193/2024/EZ SKB

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Madanmohan Rout S/O Late Laxmidhar Rout v. Sri Nilakanteswar Dev and Other Deities Represented through Trustee

Case brief

What is this about?

What did the court decide?

Madanmohan Rout S/O Late Laxmidhar Rout v. Sri Nilakanteswar Dev and Other Deities Represented through Trustee

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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