Explained: The case against the Puri Heritage Corridor Project that the Supreme Court dismissed

It’s a big win for the Odisha government and the Puri Heritage Corridor Project after the Supreme Court on Friday dismissed a plea alleging illegal excavation and construction work at the famed Shree Jagannath temple in Puri.

Justices BR Gavai and Hima Kohli rejected the PIL with costs, and termed the petitions as frivolous and contrary to public interest.

The court held that the activities undertaken by the state are necessary in the larger public interest and are in tune with the Ancient Monuments and Archaeological Sites and Remains Act 1958 and also with the earlier directions issued by the Supreme Court in relation to the administration of the temple.

But what was the case all about? What is the Puri Heritage Corridor Project? Here are the answers to these questions and much more.

What’s the Puri Heritage Corridor Project?

Conceived in 2016, the project aims to transform the holy town of Puri into an international place of heritage.

In February 2020, with an estimated cost of Rs 800 crore, the state Assembly passed a resolution to start the first phase of work. Further, the Shree Jagannath Temple Administration (SJTA) also approved the architectural design plan of the project at an estimated cost of Rs 3,200 crore.

Under the umbrella project falls the Shree Jagannatha Heritage Corridor (SJHC) or the Shree Mandira Parikrama Project, for the revamp of the area around the temple.

The project also includes the Shree Jagannath Temple Administration (SJTA) building redevelopment, a 600-capacity Srimandir reception centre, Puri Lake, Musa River revival plan, etc.

The controversy

The 12th-century Jagannath temple is a centrally protected monument, with the Archaeological Survey of India (ASI) as its custodian.

The ASI has alleged that the project is violating the Ancient Monuments and Archaeological Sites and Remains Act as the undergoing excavations and construction is happening around the prohibited zone.

As per reports, the National Monuments Authority (NMA), which comes under the Union Ministry of Culture, had granted a No Objection Certificate (NOC) to the state government on 4 September 2021 for the construction of a cloakroom, a shelter pavilion, three toilets, an electrical room and a pavement within the prohibited 75-metre zone, reports the Indian Express.

The NMA had then said that the construction activities for which the NOC was granted do not come under the definition of construction as per the AMASR Act.

However, the ASI took objection and stated that the work posed a threat to the structural safety of the structure.

As per a Hindustan Times report, as the excavation work began scooping up earth up to 20 feet around the temple, the ASI’s conservation assistance in February sent a letter to the state government asking it to stop work as it was in violation of the archaeological sites law.

The ASI also asked the state government to produce approvals to carry out the excavation work.

Soon after, a resident of Puri, identified as Dilip Baral, filed a PIL in the Orissa High Court in March, expressing concern that the excavation work near the temple would endanger the structure.

Based off his PIL, the high court asked the ASI as well as the state government agencies to conduct a joint inspection of the area and submit a report.

What the report revealed

The ASI in its report to the Orissa High Court said that the ongoing construction work of Puri Heritage Corridor may have caused damage to 800 year-old Jagganath Temple.

“There is every possibility that the construction agency OBCC (Odisha Bridge Construction Company) during the excavation and removal of the earth might have destroyed the archaeological remains of the heritage site,” stated the ASI in its affidavit.

It also stated that the drawings and structural designs included in the revised detailed project report (DPR) are different from the ones presented to the NMA.

News agency PTI further reported the ASI as saying, “No heritage impact assessment studies have been conducted before commencement of the project. At several locations stratified deposits of about 15 to 20 ft have taken place, which has caused irreparable damage to the heritage site.

“Cracks have appeared in the Nata Mandap of the 12th-century shrine due to these construction activities” and continued construction work will pose a threat to the structure of the temple.”

The hearing in the Orissa High Court has now been posted for 22 June, but they haven’t stayed the ongoing construction work.

What’s the Supreme Court case then?

Reacting to the ASI’s findings, a PIL had been filed in the Supreme Court against the construction activities around the iconic Shree Jagannath Temple premises at Puri.

The petitioner had moved the top court alleging illegal excavation and construction work carried out by the state government at the temple. The plea alleged that the state government is carrying out unauthorised construction work, which is a threat to the structure of the temple.

Senior advocate Mahalakshmi Pavani, representing the petitioner, argued that no construction could be carried out in the prohibited area at the temple and the state government got NOC from the National Monuments Authority (NMA) and carried out the construction. She argued that only director archaeology either at central or state level could grant a valid certificate, and not the NMA.

Live Law reported that Advocate General (AG) for Odisha Ashok Kumar Parija contended before the bench that NMA is the authority under the Ancient Monuments and Archaeological Sites and Remains Act.

With inputs from agencies

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