Orissa High Court Comes Down Heavily On Cuttack Municipal Commissioner Over Construction Near Law University Despite Stay

The Orissa High Court poured scorn on the Commissioner, Cuttack Municipal Corporation (CMC) for his failure to comply with an earlier order whereby it had put an interim stay on the construction of a 'vending zone' near the new campus of Madhusudan Law University, Rehman Square, Jobra, Cuttack.

Though the matter was not originally listed for hearing on Friday, the Vacation Division Bench of Justice Sangam Kumar Sahoo and Justice Mruganka Sekhar Sahoo took up the case after an urgent mentioning was made by Advocate Prasanna Kumar Nanda on behalf of the petitioners.

Case Background

The petitioners had filed the writ petition vehemently opposing the construction of a vending zone near the University campus on the apprehension that the said project has potential to further worsen the traffic congestion apart from water logging, noise pollution and affecting the academic environment.

It had also highlighted that by putting up such a merchandise area, the safety and security of about 300 female students, who are set to reside inside the newly-built hostels, will be given a go-by. Besides that, it shall also cripple the University and resist its administration from beautifying the surrounding areas.

The petitioners had further pointed out that a functional vending zone shall also cause disruption in the flow of the existing drain leading not only to severe sewerage issues but also to the violation of several authoritative orders passed by the High Court in PIL matters.

They had also shed light on the fact that after the issuance notice in the matter, the construction work had been accelerated in order to render the objective of the petition infructuous. Thus, they had sought an immediate stay on the same.

The Court, in its order dated May 20, 2025, had relied on Bombay Hawkers' Union & Ors. v. Bombay Municipal Corporation & Ors (1985) wherein the Apex Court held that hawking should be disallowed within 100 metres of any educational institution, and accordingly, it had passed the following interim direction –

"As an interim measure, it is directed that there shall be stay of construction work of vending zone in front of/adjacent to the boundary wall of 2nd campus of Madhusudan Law University at Rehman Square, Jobra, Cuttack till the next date. Status quo with respect to the proposed construction as on date shall be maintained by the opp. parties till the next date." 

Despite of such pellucid order, the petitioners argued, there has been a serious violation of the then status quo. They highlighted that subsequent to the stay order, some constructions were carried out with contemptuous impunity and even tin roofs were affixed to certain buildings/cabins. The petitioners attributed mala fide intentions on the part of the municipal body in not hindering the construction work despite having knowledge of the same.

Court's hearing

The Commissioner of the CMC and the Deputy Commissioner of Police, Cuttack (DCP) joined in the hearing through virtual platform. The Court expressed strong displeasure over violation of its stay order and inaction on the part of the CMC. When the Bench queried regarding the ground situation, the Commissioner informed that subsequent to the stay order, he had asked the Engineering Department to stop construction at the site; however, some 'hooligans' started construction in stark violation of the Court's order.

To verify the ground realities, the Court asked the DCP to arrange live video footages of the construction site. The Inspector-in-Charge (IIC), Malgodown Police Station visited the said site and sent live footages which made it clear that 'galvanised iron roofs' have been fixed over certain cabins disregarding the stay order.

The Court had a bone to pick with the Municipal Commissioner for his apparent indolence which led to further construction works.

“It is unfortunate that no steps have been taken immediately by the authorities concerned to prevent such activities and as stated by the Commissioner, C.M.C., 'hooligans' have dared to violate the orders of this Court dated 20.05.2025,” it observed.

Citing certain settled precedents, the Court said that whenever there is a deliberate flouting of the order of the Court, it amounts to contempt, and it becomes the Court's duty to use its inherent power to set the wrong right.

“We are of the view that on the face of the records, it appears that the C.M.C. Commissioner has flouted the order of the Court dated 20.05.2025 as the construction of shop rooms that was initiated by the C.M.C. was directed to be stopped. The Commissioner is responsible for the acts of commission and omission those have happened after the orders were passed in his presence,” it added.

However, the Commissioner assured the Court that he will take appropriate steps to protect the area by putting barbed wire fencing with iron/concrete pillars in order to ensure that no one could enter the site nor any vending activity is carried out in that area. The DCP also assured the Court that there shall be no further violation of its stay order.

Accordingly, the Bench stopped short of taking contempt action against the chief of Cuttack municipal body. The matter has now been listed on June 30, 2025 for further consideration.

Case Title: Aroop Kumar Deo & Ors. v. State of Odisha & Ors.

Case No: W.P.(C) No. 10157 of 2025

Date of Order: May 23, 2025

Counsel for the Petitioners: Mr. Prasanna Kumar Nanda, Advocate

Counsel for the Respondents: Mr. Debaraj Mohanty, Additional Government Advocate; Dr. Purusottam Chuli, Advocate

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