CUTTACK: The legal battle over demolition of the Panchamukhi Hanuman temple which is alleged to be an illegal construction within the embankment of Mahanadi river at Ratilo under Salepur block in Cuttack district, has taken a new turn.
The demolition issue had reached the High Court with Panchamukhi Hanuman Temple trust challenging the order issued by Kissanagar tehsildar for eviction/demolition of the temple on July 19, 2021.While the Court’s single judge bench had earlier issued an interim order restraining the operation of the tehsildar’s order, another single judge bench has declined to extend the stay.
The tehsildar had issued the order invoking the Orissa Prevention of Land Encroachment (OPLE) Act in pursuance to the National Green Tribunal (NGT)’s direction issued on December 15, 2020. In its petition, the trust contended that nothing is coming out from the NGT’s December 15, 2020 order involving the OPLE Act.
The trust also sought a stay of eviction/demolition of the temple as per the tehsildar’s order.On August 24, Justice Biswanath Rath issued an interim order which said, “Considering the averments made, this Court directs there shall be no coercive action pursuant to the communication of the tehsildar on July 19, 2021 till the next date”. But the matter took another turn when it came up before the single judge bench of Justice KR Mohapatra on August 27.
Justice Mohapatra said that considering rival contentions of the parties and in view of the order passed by NGT on June 22, 2021 and order passed by the Supreme Court related to the matter on August 10, I am not inclined to extend the interim order dated August 24, 2021”.Justice Mohapatra allowed the intervention petition and fixed September 16 as the next date of hearing on the matter.