The high court disposed of the writ petition where the additional chief secretary rejected villagers' objections to a bridge construction as sentimental and technically feasible, ordering no further directions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.1217 of 2019
Purna Chandra Mishra and others …. Petitioners Mr.P.K. Mohanty, Senior Advocate -versus-
State of Odisha and others
…. Opposite Parties Mr.D.K. Mohanty, A.G.A.
CORAM: THE CHIEF JUSTICE JUSTICE B. P. ROUTRAY
ORDER
07.09.2021
Order No.
“With the above facts and circumstances of the case, it is viewed that the said bridge is to be constructed for the benefit of the villages on either side of the river and for the interest of the general public and not to hurt the religious sentiment nor infringes any right of people. Moreover, the objections raised by the villagers of Kapileswar G.P. in their representation Dt.28.12.2018 are seemingly sentimental rather than logical. As seen from the map and site plan, the bridge approach road, in case, disconnects from „Pathaa‟ to melan padia, can be resolved by providing an under way/pass in shape of box cell culvert of appropriate size by the Department so that the Melan Padia and Pathaa will be well connected. As ascertained, the present bridge site has been selected basing on technical feasibility
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and communication advantage to maximum population. Shifting the bridge to other site as demanded will invite further litigation from other villagers leading to never ending solution.
In view of the above consideration, the representation Dtd-28.12.2018 filed by Sri Udyanath Parida and others of Kapileswarpur GP, attached as Annexure-9 of the writ petition in WP(C) No-1217 of 2019 has no merit and hence rejected.”
(Dr. S. Muralidhar)
Chief Justice
(B.P. Routray)
Judge
B.K. Barik
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Purna Chandra Mishra and others
State of Odisha and others
B.P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
