MRINALINI PADH versus UNION OF INDIA & OTHERS on 4 November 2019

1. The petition has been filed under Article 32 of the Constitutionof India to direct an investigation/enquiry into the disappearance of thekeys to the Ratna Bhandar of the Shri Jagannath Temple, Puri. Ithas also been prayed that an inventory of the valuables stored at theRatna Bhandar of Shri Jagannath Temple, Puri be taken and to directappointment of an expert committee to submit a report to this Courtfor preservation and management of property and valuables of ShriJagannath Temple. Prayer has also been made to provide expressdarshan to all the devotees visiting Shri Jagannath Temple, Puri.Reliance has been placed on the decision of this Court in Sarika v.Administrator, Shri Mahakaleshwar Mandir Committee, Ujjain,M.P. & ors., 2018 (6) SCALE 651 (Civil Appeal No.4676 of 2018).

2. While entertaining the petition, this Court has passed an orderon 8.6.2018, directing District Judge, Puri a submit a report. Later on,vide order dated 5.7.2018, in addition to order dated 8.6.2018, somemore directions were issued and were summed up as follows:

“19. We may sum-up our directions in today’s orders, in additionto the orders dated 8.6.2018, as follows:

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i) Report of the District Judge dated 26.6.2018 is acceptedin principle and action to be taken by the templeadministration.

ii) District Judge, Puri may send further report, if any by31.8.2018, preferably by e-mail.

iii) The State Government may submit report of theCommittee constituted by it on or before 31.8.2018.

iv) The Central Government may constitute its Committee,as already directed, within two weeks from today andplace its interim report on record of this Court on orbefore 31.8.2018.

v) Copy of the Report of the District Judge may be placedon the websites of the temple management, Ministry ofCulture and website of the Supreme Court for twoweeks.

vi) The directions in the order dated 8.6.2018 may becomplied with by all concerned and non-compliancethereof may be reported to this Court for appropriateaction if necessary.

vii) The temple management may consider, subject toregulatory measures, with regard to dress code, givingof an appropriate declaration or compliance with otherdirections, permitting every visitor irrespective of hisfaith, to offer respects and to make offerings to the deity.

viii) We have noted that Hinduism does not eliminate anyother belief and is eternal faith and wisdom andinspiration of centuries, as noted in earlier judgments ofthis Court.

ix) Difficulties faced by the visitors, deficiencies inmanagement, maintenance of hygiene, appropriateutilization of offerings and protections of assets withregard to shrines, irrespective of religion is a matter forconsideration not only for the State Government, CentralGovernment but also for Courts. Every District Judgethroughout India may examine such matters himself orthrough any court under his jurisdiction and send a report to the concerned High Court so that such report can betreated as PIL on the judicial side and such directionmay be issued as may be considered necessary havingregard to individual fact situation.

x) Learned amicus is at liberty to engage with allstakeholders and to give suggestions for bringing aboutimprovements and also to give a report to this Court.However, this will not stand in the way of the Committeeof the State Government, Committee of the CentralGovernment or any District Judge considering mattersin terms of above directions.”

3. This Court vide order dated 9.1.2019, has appointed Shri RanjitKumar, learned Senior Counsel as Amicus Curiae and Ms. PriyaHingorani, learned Senior Counsel was requested to assist him in thematter. Learned Amicus Curiae has submitted interim reports pursuantto the orders which have been passed by this Court from time to time.During the pendency of the writ petition, the State Government hasdecided to make certain land acquisitions so as to provide variousfacilities to the pilgrims such as building of watch tower, an evacuationplan, widening of roads, etc. A Cabinet of the State Government ofOrissa has taken a decision, which has been gazetted on 27.8.2019.Thereafter, as the instructions had been issued by the State Government,there was some unrest for the time being which has been settled. Wehad requested the Amicus Curiae to make a site visit and submit areport. They have submitted their report.

4. We have heard the learned Counsel for the parties and haveconsidered various reports. We are happy to place it on record thatthe learned Counsel appearing at the Bar expressed satisfaction thatthe action is being taken by the State Government as per the Resolutiondated 27.8.2019.

IN RE: REPORT OF DISTRICT JUDGE, PURI

5. The District Judge, Puri has submitted the report along withvarious documents pursuant to order dated 8.6.2018. FollowingAnnexures have been filed:

“Annexures

A-I Sketch Map of Shri Jagannath Temple, Puri.

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A-II Sketch Map of different locations in Shri JagannathTemple, Puri.

A-III Sketch Map of Shri Jagannath Temple with indicationof five rows of queue of Darshan of the Jews in ShriJagannath Temple.

B. Proposed and Existing C.C.T.V. Cameras.

C. List of cases against Sevaks.

D. Statement of Sanctioned Post, present strength andvacancy position in Shri Jagannath Temple, Puri as onMarch 2018.

E. Fund Management of Shri Jagannath Temple, Puri.

F. Audit Report of the Accountant General, Odisha of theaccounts of Shri Jagannath Temple, Puri for period April2009 to September, 2015.

G. Relevant Extracts of the Record-of-Rights preparedunder the Puri Shri Jagannath Temple (Administration)Act, 1952 Part-I and Part-II.

H. List of Sevaks and Palia Awards.

J. Number of Hundi installed in Shri Jagannath Templepremises, Puri.

K. Relevant extracts of report of Shri Jagannath TempleAdministration Improvement Committee.

L. Relevant extracts of report of the Commission of Inquiryby Justice B.K. Patra, Former Judge, Orissa High Court.

M. Recommendations of the Hon’ble Shri Justice P.K.Mohanty, Commission of Inquiry.

N. Recommendations in the interim report dated 20-04-2017of the Commission of Inquiry into the affairs of the ShriJagannath Temple, Puri.

P. The Puri Shri Jagannath Temple (Administration) Act,1952.

Q. Shri Jagannath Temple Act, 1954.”

6. The audit report of the Accountant General, Odisha has alsoAbeen filed as Annexure-F on following various aspects:

1. Fund Management;

2. Estate Management;

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3. Project Management;

4. Financial Management;

5. Utilisation of Grants-in-Aid;

6. Unrealistic Budget;

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7. Submission of Inflated Utilization Certificate (UC) inexcess of actual expenditure;

8. Contract Management;

9. Human Resource Management;

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10. Miscellaneous observations as to jewellery andornament, non-maintenance of Asset register, non-maintenance of subsidiary Registers, non-preparation ofReport on administration of the affairs of ShriJagannath Temple etc.; and E

11. Limitation to Audit

7. Annexure-K is the report of the Committee headed by ShriB.D. Sharma, Ex-Governor for the State of Orissa for improvement ofthe temple in which certain recommendations have been made includingaccommodation and other facilities to the pilgrims. It was recommendedthat accommodation for 60,000 pilgrims should be provided by theTemple Administration. To start with, accommodation for 10,000 pilgrimsshould be provided as early as possible. With respect to the managementof the existing properties and augmentation of income of the Temple,certain recommendations were made in Chapter III. Recommendationshave also been made with respect to Sevapuja, Nitis, appointment ofSevaks and their conditions of service and subsidiary shrines. In PartIII, recommendations were made as to accommodation and otherfacilities to the pilgrims and devotees. It was recommended thataccommodation for 60,000 pilgrims should be provided by the TempleAdministration and to start with, accommodation for 10,000 pilgrims, F

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818SUPREME COURT REPORTS

Ashould be provided as early as possible. With respect to import of therecord of rights and daily nitis, recommendations were made inChapters XXIII and XXIV respectively. Main cause for delay inperformance of Nitis and the remedy therefor had been dealt with inChapter XXV. Certain irregularities in the preparation of Kotha Bhogwere dealt with in Chapter XXVI. In Chapter XXVII, it wasBrecommended that Temple should take possession of Rosaghar Ovens.Certain nature of disputes, which hold back Nitis were mentioned inChapter XXVIII. Economic condition of servitors and their numbersto be reduced were mentioned in Chapter XXIX. The aspect withrespect to reforms in the system of puja and performance of nitis,Cwas dealt with in Chapter XXXI of the report. With respect to theconstitution of Managing Committee, certain recommendations weremade in Chapter XXXII. Appointment of Administrator was dealt within Chapter XXXIII. Sarbasadharan Darsan and the queue systemwere dealt with in Chapter XXXV. Paramanik Darsan and specialsevas were dealt with in Chapter XXXVII. Suggestions for augmentingDthe income of the Temple was dealt with in Chapter XXXVIII. In thereport, reference was also made to transport, dairy farm, lease of otherrights and properties, land and buildings of Lord Jagannath situatedoutside the district of Puri and outside the State of Orissa. Certain othersuggestions were made in Chapter XXXIX regarding training of Sevaks,Esanitation, publicity, etc. In Chapter XL, a summary of recommendationswas made, which is as under:

“CHAPTER XL

SUMMARY OF RECOMMENDATIONS

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257. The practice of the Charcha staff going to call the Sevakson their Pali day should be stopped. It should be sufficient if theintimation to the concerned Palia Sevaks is given on the daypreceding (Chapter XXIV).

258. Suars should be prevented from offering any Baradi or BikriGBhog at the time of the four main Dhups. To ensure this, theMerda Roso should be commissioned and utilised for preparationof Kotha Bhog. A collapsible gate should be fixed at a convenientplace in the Bhog Bata and that should remain closed throughout,and be opened just before the prescribed time for Bhog MandapHPuja. (Chapter XXV).

259. As many extra Bhog Mandaps as are absolutely necessaryshould be arranged on payment of extra fee for the purpose(Chapter XXV).

260. A temple Official should physically distribute Khei amongstPalia Sevaks. The system of the Pasarathias taking the Khei ofthe various Palia Sevaks directly from inside the Bhittar Pokhariashould be stopped. (Chapter XXVI).

261. By arrangement with the various Palia Sevaks, the TempleAdministration should purchase the Khei of the Sevaks and paythem the price thereof in cash (Chapter XXVI).

262. The Temple Administration should resume possession of theChulis and lease them out every year by public auction to suchSadhibandha Suars as would be willing to take them on annuallease. (XXVII).

263. After proper discussion with the representative of the SuarNijog and taking into consideration the current prices of foodstuffand other relevant factors, the Temple Administration should fixthe maximum selling prices of Abhada and other commoditiesexposed for sale in the Ananda Bazar. There should be periodicalrevision of such rates. (Chapter XXVII)

264. A responsible Officer of the Administration not below therank of Assistant Administrator should be present inside theGambhira at the time of Sahan Mela to exercise effective controlover Pindika collections and prevent exploitation of the pilgrimseither by the Sevaks or by Jatri Pandas or by Dhulia Gumastas(Chapter XXVIII).

265. Disputes that arise between the Administration and Sevakor Sevaks or between the Sevaks inter se should be disposed ofquickly by the Administration. The Managing Committee shouldimmediately constitute an Appeal Sub-Committee and that Sub-Committee should ensure that appeals filed before the ManagingCommittee against the orders of the Administrator are quicklydisposed of. (Chapter XXVIII).

266. A Sevak who fails to turn up to do his duty on any particularday without sufficient reasons should be liable for removal. Thenumber of Sadhibandha Sevaks in each category should be A

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reduced by removing those who do not actually do Seva.(Chapter XXVIII).

267. If the above recommendations are implemented, it is likelyto result in the elimination of a number of recorded Savaks ineach category leaving in the field only those who actually do theSeva. Consequently, the turn of worship of the remaining Sevakswould be more frequent and the remuneration that they wouldget per month would be more than what it is at present. If inspite of this, it is found that the Nitis are not performed punctuallyand regularly, the hereditary rights of the Sevaks should beabolished by Legislation and thereafter the required number ofSevaks should be appointed afresh on the basis of monthly salary(Chapter XXIX).

268. A reserve body of Sevaks should be maintained on salarybasis consisting of three Srotriya brahmins well-versed in PujaPadhhati who can act both as Puja Pandas and Pasupalaks; twoSupakars to prepare Kotha Bhog; a pratihari or a Brahmin whocan be entrusted with the security type of work; a Mekap or aKhuntia type of Sevak or in the alternative a Brahmin; a BodoSevak or in the alternative a Brahmin; and two non-BrahminSevaks. The expenditure incurred on the reserve Sevaks wouldnot be a waste, because so long as their services are not requiredin time of emergency, they can be utilized for other purpose asindicated in the report. (Chapter XXX)

269. There is no necessity either to curtail the Nitis or to interferewith the system of Puja prevalent at present. (Chapter XXXI)

270. At present neither the Administrator nor the AssistantAdministrators and in fact no other official excepting a fewsevaks are entitled to go into the Roso. There appears to be noreason why the Administrator and the Assistant Administrators,provided they are Brahmins, should not have the privilege to gointo the Roso to check malpractices if any prevalent there. Thisshould be enforced if necessary after consultation with theSankaracharya of Gobardhan Pitha and Mukti Mandap PanditSabha. (Chapter XXXI).

271. Similarly there appears to be no religious prohibition againsthaving three permanent chariots for the Ratha Jatra. There are great many advantages in having such permanent Chariots. Thisshould be done after necessary consultation with JagatguruSankaracharya and the members of the Mukti Mandap PanditSabha after taking due note of public opinion in the matter.(Chapter XXXI).

272. The Managing Committee should consist of 10 members,namely –

1. The Raja of Puri, who should be the Chairman.

2. The Collector of Puri, who should be the Vice-Chairman.

3. Administrator.

4. Commissioner of Endowment.

5. Jagatguru Sankaracharya of Gobardhan Pitha or if heis not available any other Sanyasi of Sampradaya.

6. Patajosi Mahapatra or in his absence the personfunctioning as such.

7. Three persons of learning devoted.

8. to the cult of Lord Jagannath.

9. nominated by the State Government.

10. A nominee of the Advisory Body consisting of personswho donate Rs.5 lakhs or more for the Foundation Fundof the Temple.

The tenure of appointment of non-official Members should bethree years. Power should be given to the Managing Committeeto co-opt for any particular meeting, any Sevak or Sevaks whosepresence is considered necessary or desirable by the Committee.(Chapter XXXII).

273. The present provision regarding selection of Administratorrequires no modification. What however is important is properselection of the Officer. Not only should he be administrativelystrong but he should also have a religious bent of mind, and onewho can involve himself completely in the administration of theTemple affairs. The minimum period of deputation of an Officerto work as Administrator should be five years. (Chapter XXXIII).

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274. Similar procedure should be adopted in the appointment ofAssistant Administrators. There should be three AssistantAdministrators one – to remain in charge of revenueadministration, the office and establishment; the second to remainexclusively in charge of the Nitis and the third in charge of thedevelopmental works and discipline inside the Temple. The periodof appointment of Assistant Administrators should also be fiveyears (Chapter XXXIII).

275. As the Administrator is proposed to be drawn from theOrissa Administrative Service, Class (1) controlled by the Political& Services Department and the Assistant Administrators areproposed to be drawn from the Orissa Administrative Servicecontrolled by the Revenue Department, a convention should growthat in matters of posting and withdrawal of these Officers, theconcerned Department would do so in consultation with the LawDepartment, which is in administrative charge of the affairs ofthe Sree Jagannath Temple. (Chapter XXXIII).

276. Disciplinary power vested in the Administrator under theAct are quite adequate. But in spite of there being innumerableoccasions to warrant the exercise of such powers, noAdministrator so far has done so because of the fear that suchaction may precipitate a strike in which case the public as alsothe Government, without trying to enter into details, wouldimmediately hold the Administrator responsible for precipitatingsuch crisis. The general attitude of all Administrators is tosomehow or other manage affairs peacefully during their limitedtenure of office. To enable the Administrator to become effectivein the Administration of the Temple affairs, he should not onlybe given a free hand for such management but he should alsobe assured by Government that so long as he acts on correctlines, his action would be supported irrespective of any unpleasantconsequences, that may ensue. (Chapter XXXIV)

277. Section 21-A of the Puri Sree Jagannath Temple Act shouldbe amended to provide for suspension of a Sevak pendinginitiation and disposal of proceedings against him. (ChapterXXXIV)

278. Order passed by the Administrator under clauses (h) and(i) of Sub-Section 2 of Section 21 should be brought within thepurview of Sub-Section 1 of section 24. (Chapter XXXIV).

279. The queue system should be introduced to regulate the entryof pilgrims inside the Temple for Darshan of the deities. SahanMela which at present means the pilgrims going into the BhittarPokharia to have Darshan of the deities, should continue. Butthe time allowed for such Sahan Mela should be restricted toone hour in the morning and half an hour during night. At all othertimes, excluding however such occasions when entry of thepilgrims to Natyamandir (the area between Chandan argali andJaya Bijoya Dwar) is prohibited, pilgrims should be allowed togo in queue up to Chandan argali to have Darsan of the deitiesfree of charge. If at times other than Sahan Mela a pilgrim wantsto enter into the Bhittar Pokharia for Darsan of the deities heshould avail himself of the provision for Paramanik Darsan whichis at present in vogue. The existing fee for Paramanik Darsanshould be slightly increased. (Chapter XXXV)

280. The practice of placing three Jharis in front of the threedeities for Pindika collection should be discontinued. Instead ofthat a strong sealed box with a slit on the top of it should beplaced just below the Ratna Sighasan, at the time pilgrims areallowed into the Bhittar Pokharia either at the time of Sahan Melaor at the time of Paramanik Darsan. Such of the Jatris who areinclined to make any offering to the deities may put their offeringsin such boxes. A similar box should also be placed near theChandan argali to enable the Jatris who have Darsan of thedeities from that point to place their offerings. Excepting the PaliaPasupalaks who sit on the Ratna Singhasan at the time of SahanMela, there should be no other Palia Sevak on duty inside theBhittar Pokharia at the time of Sahan Mela. It shall be the dutyof the Palia Pasupalak on duty who sit on the Ratna Singhasanto distribute Tulasi to the pilgrims. They shall not, on pain ofdisciplinary action, solicit for any offering from the pilgrims.Similarly, at the time of Darsan by the pilgrims from near theChandanargali a Sevak should be posted there only to distributeTulasi to the pilgrims and he should be prohibited from solicitingany offerings from pilgrims. (Chapter XXXV)

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281. The adoption of the queue system would not prevent thepilgrims from gathering in the Jaganmohan and to have Darsanof the deities from that place as they are doing at present. It isnot necessary to regulate them on ordinary days. But regulationeven of such pilgrims would become necessary on festiveoccasions when there is expected to be rush of pilgrims. (ChapterXXXV)

282. The existing system of collection of Attika money by JatriPandas may be allowed to continue only on the specific conditionthat out of the Attika amount they should pay 25% to the fundsof the Temple. Simultaneously Legislation should be undertakento give power to the Temple Administration to exercise sufficientcontrol over the Jatri business. No person shall be allowed tocontinue doing business of Jatri Panda without obtaining a licencefrom the Administrator and no such licence should be given toanyone who does not actually perform Seva in the Temple.Conditions should be embodied in the licence indicating theamount that a Jatri Panda is entitled to take from a pilgrim forservices rendered, and the accounts he is to maintain, etc. NoJatri Panda can engage as his Gumasta a person who himselfhas not obtained a licence from the Administrator. If Jatri Pandasdo not agree to contribute 25% of the Attika money to the Templefund, collection of Attika by Jatri Pandas should be banned byLegislature, and due publicity should be given that if the Jatriswish to make any offerings to the Deities for any purposewhatsoever, the offerings should be put only in the Hundis placedin the Temple and that no offerings made elsewhere will beutilized for the purposes of the Deities. (Chapter XXXVI)

283. There should be complete ban on the activities of DhuliaGumastas. The Temple should set up an organization of pilgrimguides and in enlisting such guides preference should be givento Dhulia Gumastas who, having regard to their character andantecedents, are found fit for the job. Preference should also begiven to the Sevaks who by reason of any reforms brought aboutby Legislation or otherwise would be displaced from their Seva.Each pilgrim guide should obtain a license from the Administrator.(Chapter XXXVI).

284. Provisions contained in Clauses 18B, 18C, 18D and clauses18F to 18H in the Sree Jagannath Temple (Amendment) Bill,1976 are commended for acceptance. (Chapter XXXVI).

285. Even if the present system of Attika is allowed to continueunder conditions and restrictions mentioned above, still a Hundishould be placed in a prominent place in the Jagamohan inside ascreened enclosure where Jatris may put their offerings. Similarly,in some of the important subsidiary shrines inside the Templesealed boxes may be placed where pilgrims may put theirofferings. (Chapter XXXVI).

286. Existing facilities for Paramanik Darsan should continue, butthe fees may be raised slightly. Besides Paramanik Darsan,provision should be made for Ekanta Seva by pilgrims. (ChapterXXXVII).

287. The Temple Administration should undertake constructionof a Dharmasala of its own. If possible, at a place as near theTemple as possible. If there is any difficulty to secure such avacant site it should put up a Dharamsala in Talabania near theRailway Station. It should initiate the ‘own your cottage’ schemeand put up cottages either in Talabania or in Ballapanda.Simultaneously it should enter into negotiations with the ownersof Dharamsala to secure management of the Dharamsalassituated in the Town of Puri. If that is not feasible the TempleAdministration should at least enter into some arrangements withthe owners of Dharamsala to ensure that the pilgrims conductedto the Dharamsalas in the Temple buses are accommodatedthere. (Chapter XXXVIII).

288. The Temple should keep some of its buses at the RailwayStation and bus stand to conduct the pilgrims from there to theDharamsalas. (Chapter XXXVIII)

289. A Foundation Fund of an amount of Rs.10 crores should beconstituted. The Governor may be requested, if he has noobjection, to issue an appeal on behalf of the people of Orissainviting donations to the fund. The Fund should be administeredby a Board of Trustees consisting of those donors who pay Rs.5lakhs or more to the Foundation Fund. The fund when collectedshould be invested in long term deposits. Only the interest AB

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accruing from such deposits should be spent for the purpose ofthe Temple. The Board of Trustees should meet once a year atPuri to review the financial position of the Temple and inter aliato consider proposals to augment the income thereof. The Boardof Trustees should elect a person to be the Member of theManaging Committee. (Chapter XXXVIII).

290. The Temple should publish an almanac of its own. It is onlythis almanac which should receive the approval of the Raja ofPuri and of the Mukti Mandap. Such Almanac is likely to be verypopular and the sale thereof may yield a sizeable profit to theTemple. (Chapter XXXVIII)

291. The Temple should obtain monopoly for the manufactureand sale of photo pictures of the Deities in several Besas. Thisis likely to yield a substantial recurring income to the Temple.(Chapter XXXVIII).

292. The Mahalaxmi Bhandar should be run departmentallyinstead of being leased out as is being done at present. If workeddepartmentally it is likely to yield annually a net profit of Rs.2lakhs as against Rs.70,000 which the Management is at presentgetting by leasing it out. (Chapter XXXVIII).

293. The Management should introduce a scheme wherebypilgrims may at their cost conduct some of the festivals of thedeities for which expenditure is at present being incurred fromthe Temple Funds. Apart from satisfying the devotional urge ofthe pilgrims, this system is likely to yield a good deal of incometo the Temple. (Chapter XXXVIII).

294. By means of due publicity the pilgrims may be encouragedto offer special Bhogs to the Deity. As a portion of such Bhogwould be distributed amongst certain categories of Palia Sevaks,their earnings would increase thereby. Sale of the Temple’s shareof such Bhog would also yield an income to the Temple. (ChapterXXXVIII).

295. As the Transport Service of the Temple is yielding a netprofit of about Rs.2 lakhs per year at present, its scope shouldbe widened as far as it is practicable. (Chapter XXXVIIII).

296. A dairy farm should be started. If properly run there is everylikelihood of philanthropic people donating cows to the dairy farm.(Chapter XXXVIII)

297. Niladribihar should be worked departmentally, and DolabediKunja should be revived. (Chapter XXXVIII)

298. Besides taking possession of and leasing out Chulis in theTemple Roso, the Administration should also take possession ofall the Saraghars inside the Temple premises and utilise themproperly. If possible some of the Sargharas situated in the BaharBedha can be leased out. (Chapter XXXVIII).

299. As far as it is practicable, lands of Lord Jagannath and Jagirlands held by Sevaks under Lord Jagannath should be kept outof the purview of land Legislations. This principle should alsoapply to all Debottar lands. If it is not possible to exempt theEstates of Lord Jagannath from the purview of the EstatesAbolition Act, the annuity that is going to be fixed, should be onas liberal a scale as possible, making a further provision forperiodic upward revision of the annuity amount with the rise inprices. (Chapter XXXVIII).

300. Sincere and urgent efforts should be made by the TempleAdministration to obtain a full list of all properties of LordJagannath situated inside and outside the State. Exceptingproperties situated in the district of Puri, which the Temple candirectly manage, efforts should be made to dispose of theproperties situated outside Puri and the sale proceeds should beinvested in long term deposits. The effort to obtain informationregarding properties situated outside the State of Orissa shouldbe made at the level of Government. (Chapter XXXVIII).

301. Transfer of Seva rights should be prohibited by Legislation.(Chapter XXXIX)

302. An institution to train Puja Pandas and such other Sevaksfor whom training is necessary should be established inside theTemple. (Chapter XXXIX).

303. A concerted drive to keep the Temple premises absolutelyclean should be undertaken by the Temple Administration.(Chapter XXXIX).

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304. It must be ensured that food-stuff sold in Ananda Bazarare kept in fly-proof receptacles. Food-stuff must be sold at placesearmarked for the purpose. Ananda Bazar should be cleanedtwice a day. (Chapter XXXIX).

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305. Asking for alms within the Temple precincts should be strictlyprohibited. (Chapter XXXIX).

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306. A religious atmosphere should be created inside the Templepremises by periodically holding religious discourses and byarranging for Vedaparayana and reading of Puranas, inside theTemple precincts. (Chapter XXXIX).

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307. Practically no publicity arrangements exists in the Templeat present. The Publicity arrangements should be considerablyimproved for the convenience of the pilgrims. (Chapter XXXIX).

308. Soliciting Dakhina in any form by any person, be he a Sevakor otherwise, inside the Temple premises should be prohibited.(Chapter XXXIX).

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309. Mahaprasad Seva Sadan which had been started some timeback and which has fallen into disuse now should be revived.(Chapter XXXIX).

310. A Code of Conduct for observance by all Sevaks inside theETemple should be framed and their observance should be strictlyenforced. (Chapter XXXIX).”

The CCTV Cameras having night vision was also recommended.

IN RE: REPORT OF LEARNED AMICUS CURIAE

8. Shri Ranjit Kumar, learned Amicus Curiae has made inspectionof the premises on 22-23.2.2019. He has made reference to the PuriShri Jagannath Temple (Administration) Act, 1952 (for short, ‘the 1952Act’) and Shri Jagannath Temple Act, 1954 (for short, ‘the 1954 Act’).He has drawn our attention to the definition of Sevaks as defined underSection 4(d-1) of the 1954 Act, thus:

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“4(d-1) “Sevak” means any person who is recorded as such inthe Record of Rights or is recognized by a competent authorityas a Sevak or his substitute or has acquired the rights of a Sevakby means of any recognized mode of transfer and includes aperson appointed to perform any niti or Seva under clause (i) ofsub-section (2) of Section 21.”

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9. Learned Amicus Curiae has pointed out in his report that 1954Act has been made to reorganize the scheme of the management ofthe affairs of the Temple and to provide better administration andgovernance having regard to the ancient customs and unique andtraditional nitis and ritual contained in the Record of Rights preparedunder the 1952 Act. The Managing Committee has been constitutedunder the Act, inter alia, to ensure proper performance of Seva, Pujaand periodicals Niti of temple, arrange for proper collections ofofferings, audit of accounts and installation of Hundi.

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10. Learned Amicus Curiae has pointed out following aspectsin his report of inspection:

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(a) There is scope of improvement on various aspects withrespect to visits of devotees inside the Temple complex.Suggestion has been made to have darshan in asystematic line, which facility is available in Tirupati,Golden Temple and Mata Vaishno Devi or such othersimilar places. Learned Amicus Curiae was informedDthat the entire complex is about 10 acres and a verylarge number of smaller temples were there,approximately 97.

(b) With respect of hygiene more specifically in Rosaghar,where all the cooking for the Mahaprasad is done, itwas found that there was a lot of activities being doneon small chabutra open to the air and without propermanner of disposal of waste. Wood fired chullas are usedin the main kitchen. Out of 240 chullas, 8 are specificallyused for preparation of Kotha Bhog of the LordJagannath and the rest are under the possession ofother licensees who pay nominal rent to Templeadministration and are cooking the Mahaprasad. Thehygiene in the main kitchen is not known. There is nodisposal mechanism for waste nor an effluent treatmentplant.

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(c) With respect to hygiene requirement to Anand Bazarwhere the sale of Mahaprasad takes place, the stepsrequire large scale improvement in terms of hygiene, butArchaeological Survey of India (ASI) seems to behaving some issue, if improvement is made.

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(d) Donation boxes should be placed at strategic point bothwithin, outside and at all other smaller Temples withinthe complex.

11. Learned Amicus Curiae was informed that 119 types of Seva/Nitis/Rituals are performed by the Sevaks who are hereditary and theBdaily requirement is about 85 to 90 Sevas from 45 categories of Sevaksand the requirement increases in festivals and occasions. The ManagingCommittee meeting was held to consider the 12 recommendations madeby the District Judge. Learned Amicus Curiae has reported regarding12 suggestions thus:

“(i) Abolition of Hereditary Sevaks / Appointment ofSevaks: Firstly, in terms of the 1952 Act the hereditaryright granted to the Sevaks is recognized and is statutoryin nature. Therefore the same cannot be abolishedbecause each of the Sevaks who belonged to differentNijog have been recognized with reference to their rightto perform Rituals/Nitis of the Deity, since it is apractice which has been going on for time immemorial.The same cannot be taken away and those rites standrecognized. However, there are presently about 2300Sevaks belonging to different Nijogs and what wassuggested was that the number was required to bereduced so that each of the Sevaks gets some turn forSeva and thereafter some Puraskar for the maintenanceand upkeep of the family and their livelihood. The othersbe given a golden handshake which was being workedout between the administration and the Nijogs withoutlosing any of the hereditary practice and requirementqua with Deity while having a reserve list also so thatin the absence of any Sevak, the Nitis and Rituals arenot in any way affected.

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(ii) Prohibition to collection of money by Sevaks: TheAdministrator along with some others in the ManagingCommittee suggested, as is also are the requirementunder the Act, that additional Hundis/Donation Boxesare placed and from out of the money received a certainpercentage be disbursed to the Sevaks. Over and above,those devotees/visitors who have a specific Yatri Puja G

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may do so at a price to be deposited through the officewhere receipts would be granted and a percentage ofthe same would be paid to the Sevak for performingthat Puja. In this manner the Darshan of the Pilgrimwill not be effected and at the same time the Sevakswould also be getting certain percentage of thecollection. It was my understanding that the percentagebeing given on some things or the percentage that isbeing thought of may be on the lower side.

(iii) The Temple Management to take control ofRosaghar and Chullas: I have already dealt with thisabove and I was informed by the Managing Committeethat they will make sure that hygiene is brought to thestandards and all efforts are being made in that direction.

(iv) Provision of separate toilets for male/female,Sevaks: I was informed that just now there was onlytwo places in the West and the South but 10 more urinalsand two toilet complexes were being set up with privatemaintenance so that hygiene and cleanliness ismaintained and cloak rooms will be made in four monthstime and that a motorcycle stand would also be madefor the Sevaks.

(v) Queue in Darshan: I have already outlined this aboveand have suggested already to the Managing Committeethat how it could be done and will also explain in theCourt is well.

(vi) Surveillance of collection from Hundis andDonation boxes: This has also been dealt with above.

(vii) Audit of Temple fund by Accountant General: I wasinformed that Audit was already being done by theInternal Audit Committee of the Temple Administration,by the Chartered Accountant and that the grants whichwere made by the State Government were being auditedby the CAG. Further the Chartered Accountant, memberof the Managing Committee, informed me that theaccounts are going to be put online on the website:www.jagannath.nic.inand that more and more activities A

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will now be put therein. He also informed me that theinterest earning of the Temple on the corpus fund of theTemple was approximately Rs.30 to Rs.35 crores peryear while the expenses are Rs.60 to Rs.70 crores peryear. Thereafter the shortfall is met by the State grantsand the capital investment requirements are met by theGovernment. He was also of the suggestion that digitalmarketing could be done for the Temple for the purposeof donations to be received. I was also informed thatthe Temple and endowments have a total of 60418.353acres of land and the Record of Rights have beenprepared only with reference to 34200.976 acres andthe rest was under preparation.

It must be understood that there are two kind ofRecords of Rights vis-à-vis the Temple, oneis theRecord of Rights as is normally understood withreference to property and the revenue entries andthe second is Record of Rights (RITES) which iswith reference to the Rites, Rituals and Nitis to beperformed by Sevaks who have hereditary rightsand recognized under the 1952 Act.

(viii) Identity Cards for the Sevaks and Staff: It has beenagreed upon that Identity Cards for Sevaks would bemade with a colour code for Sevaks, for employees andfor labour so that unwanted element do not come in.This would be implemented in three months time.

(ix) Guides to be Registered: It was informed that aYatri Panda Sangh was being made who would actas guide and who will have to be registered with theAdministration and this would also be done in threemonths time and they would be verified by the officeof the S.P., Puri so that any criminal element is notrecruited.

(x) Reduction of Administrative Staff: I was informedthat rationalization of the administrative staff was beingdone and 127 persons had already been retrenched. Themain requirement of the administrative staff was withreference to cleaning and sweeping, the internal temple police, the management of the lands belonging to thetemple as also the management of the Quarries andMines of the temple. This rationalization would becompleted soon.

(xi) Single Authority for Security of the Temple: I wasinformed that the internal police performing the job ofsecurity inside the temple was without any police powerbut now an additional S.P. Rank officer has beenassigned to the temple administration with full powersunder the control of the Home Deptt.

(xii) Proposed Amendments in the 1954 Act: Theemphasis on the amendments was with reference to themeaning of the Records of Rights because of theconfusion that is created to the hereditary rights of theSevaks for the performance of the Nitis and Pujas.”

12. Learned Amicus Curiae has pointed out that noaccommodation is made available for any pilgrim by the TempleAdministration. The Administrator informed that Yatri Niwas and BhaktNiwas were proposed and one was under construction and another,which was available, required lot of repair.

13. References have been made to the demand of Sevaksregarding Temple management to provide school, education,Government jobs, etc., for the families of Sevaks. There is no properaccommodation for them and for the education of their children. Theyhardly get one turn in a month for performing Seva/Puja, for whichthey get Puraskar, which is not sufficient for their livelihood.

14. Learned Amicus Curiae has also pointed out that propercoordination is required. Certain suggestions have been made forrevenue generation of the Temple.

15. The opinion of the Chairman of the Managing CommitteeShri Gajapati Maharaj has also been noted by learned Amicus Curiaethat the situation was very difficult as the heart and soul was notdedicated to the Lord. The three grey areas have been pointed, namely,(1) Management with three authorities – the Government, the ManagingCommittee and the Administrator; (2) Qualified Sevaks are not availabledespite the requirement of having traditional Nitis and Sevas and Ritualsto be performed. Seva should be made attractive; and (3) religiousmonitoring was not proper.

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A16. Learned Amicus Curiae has also pointed out that propercoordination is required between the Administration and the Sevaks.The criminal elements were required to be identified and removed anddiscipline was required to be brought in both for the Sevaks and forthe pilgrims with regard to the movement inside and outside thecomplex. The system of sub-letting is required to be done away with.BThere was a requirement of four tier of security within the Temple insuch a manner that only one type of police is available so that the pilgrimsare not harassed.

17. Learned Amicus Curiae has also pointed out with respectto the meeting he had with the stakeholders. Sevaks were of the pointCof view that their rites cannot be taken away, which were hereditaryin nature. Certain restrictions have been imposed on offering during RathYatra and on the entry of pilgrims inside the Garbh Griha (SanctumSanctorum). There is no health welfare scheme nor hospitals areprovided. The accounts are not being managed properly. The quarriesDand mines were allotted in the names of minor. Reference has also beenmade to the report of 1805 of Charles Grome. It has also been pointedout that there was no internal mechanism for complaint to be lodgedby women. It has been pointed out that 8-9 suggestions of District Judgeare being implemented. There was scope for improvement and thehygiene is required to be improved without affecting the hereditaryErights of Sevaks, which in turn improve the conditions of Sevaks andhassle free Darshan.

18. This Court has directed the learned Amicus Curiae and ShriTushar Mehta, learned Solicitor General of India, to make inspectionand submit a report as to suggestions after the Cabinet decision, whichFhas been gazetted on 27.8.2019. Learned Amicus Curiae has submitted his report on 27.9.2019, wherein it has been observed that redevelopmentplan around the Temple is mainly to decongest the area for the benefitof pilgrims and to make the city of Puri a world heritage city. Somedemolition on the entrance of the Temple has already taken place. TheGChairman of the Managing Committee informed that nobody wasopposing the reforms for the betterment of the place so that it becomesworld heritage city. However, the rehabilitation package should be liberaland proper and should provide fair deal.

19. It has also been pointed out that during annual Rath Yatra,Hlakhs of people visit the Temple town, the congregation is such that it is difficult to manage the crowd. It becomes difficult to manage thecrowd especially to protect the elderly or the children or if somebodybecomes sick. It was informed that Nagarjuna Besha to be held in2020-21 and the plan has been prepared to rotate the crowd along thededicated corridors around the Temple and control the same in apeaceful manner. The rehabilitation package has been prepared for thepeople who are going to be uprooted from their homes, business places,etc. The acquisition is being done on the basis of negotiation. LearnedAmicus Curiae also met Srimad Jagadguru Shankaracharya andSwami Nishchalanand Saraswati, who expressed concern of the dailyRajbhog and Puja, which are called “NEETIS” to be performed insidethe Temple for Deity on daily basis and if the Deities were notworshipped according to the Neetis, then it amounted to desecrationof the Idol. He has handed over a written note to learned AmicusCuriae. The note given would be helpful for deciding the main writpetition about the Neetis and daily ritual to be followed in the worshipof Deities.

20. It has also been pointed by learned Amicus Curiae that thereis a necessity to have a better infrastructure outside the Temple thanthe existing one, that is sought to be achieved by the proposed plan.

21. Ms. Priya Hingorani, learned Senior Counsel has alsosubmitted a separate report. She visited the Temple on 11.10.2019. Shehas also pointed out certain demolition has taken place. Those structureswere in dilapidated state and unsafe for human habitation. However,Temples inside the Mathas, their Gaadis, Samadhis and other artefactshave been preserved. Certain establishments have been relocated andthus, are yet to be resettled.

IN RE: SUGGESTIONS MADE BY SRIMADJAGADGURU SHANKARACHARYA

22. Suggestions made by Srimad Jagadguru Shankaracharyahave also been placed on record, wherein the importance of the placehas been pointed out thus:

“By faithfully darshan of Neelchakra, Shikha Dhwaj,Devalaya, Garuda Stambha, Shri Patit Pavan, bowing downin front of Shri Jagannath placed on ratha from the rathapremises and outer circumambulation of temple a person will getsame fruit as one who is directly involved in service and worship.

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The use of Mantrik, Tantrik and Yantrik process for expressingall encompassing Sacchidananda Swaroop Sarveshwar in theform of traditionally made Archa Vigraha is same as the processof expression of electricity present in water, earth and sky throughmachines.

Like we need to respect this fact that “Electricity shouldn’tdisappear and it’s existence should be beneficial not fatal”. Inthe same manner the fact that “Five deities namely Surya-Vishnu-Shiv-Shakti-Ganapati and their avatars as defined bySanatana Shastra (scripture) which are consecrated andembedded in the Archa Vigraha their refulgence should notdiminish and their presence should be beneficial not fatal”.Reverence to this fact within the limits of propriety is the ultimateresponsibility of cultural, social, administrative and constitutionalinstitutes.

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The brilliant people who understand Devata Tatva (god element)through the effect of their extraordinary infallible power considerthe splendid effect-cause-composed universal all-deity either atAditya (sun) according to ‘,dSo ok egkukRek nsork l lw;Z bR;kp{krs’oras Agni (Fire) according to ‘vfXu lokZ nsork%’ (Aitareya Brahmana2.3). He is also known as Indra having extraordinary grandeur,Mitra who assures safety from fear of death, Varun who purifiesall sins. Agni which is omnipresent, Garuda the divine bird, Yamawho in form of fire governs and Vayu who flows freelyeverywhere in space.

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Therefore worship and consecration of Surya, Vishnu, Shiv,FShakti, Ganpati and their vedas based avatar (incarnations)who perform five task namely creation-preservation-destruction-punishment-reward in the form of Archa Vigraha is possible.Therefore it is the sacred obligation of learned eminent personthat they allow this Sanatana tradition which is in harmoniouscompliance with philosophy, science and behaviour to beGimplemented in the Sanatana method.”

With respect to servitors appointed in Sanatana Temple, theyare permitted to carry out their living. Concern has been expressedabout their financial condition. To make temple free from exploitationand healthy environment, mutual understanding has to be developedHunder the aim to free the sacred institution from economic exploitation.

Care should be taken that does not result in more economic exploitationby Government in comparison to before. There should not be neglectand disrespect of any element involved in the proper operation of thissacred institution, but neither more or less participation of everyone isrequired. A High-Level Committee should be formed for whichsuggestions have been given to have a harmonious dialogue that canremove all discrepancies in Shri Mandir. Following suggestions havebeen made:

“1. Implementation of the endeavour to promote and systemizeShri Mandir as an institution of education, defence, culture,prosperity, service, dharma & moksha.

2. Implementation of proper system for selection, training andenrolling servitors according to family tradition.

3. Absence of dharmic and spiritual leadership should be rectifiedas per tradition.

4. The books namely Rigveda, Skanda Purana, BrahmaPurana, Vamdev Samhita, Neeladrimahoday, Pancharatra-Ishwar Samhita and Vimarsha which mention consecration,worship and different festivals related to Shri Jagannath; basedupon these a book named ‘Shrimandir-Seva—Samarcha-Prakalpa-Paddhati’- ‘Shri Jagannath Samhita’ should becreated by wise pundits under the guidance of ShrimadJagadguru Shankaracharya, Shri Govardhan Math, PuriPeeth so that blind traditions are negated appropriately and ahealthy tradition that is in accordance to Shastra (scriptures) isfixed and implemented.

5. ‘Mukti Mandapa’ should be restored to its original form andthe natural right of establishment, upkeep and managementaccorded to Shrimad Jagadguru Shankaracharya, ShriGovardhan Math, Puri Peeth by tradition should be restored.

6. King Gajapati Ji should be recognised as Yajamana in aposition of King Indradyumna.

7. The rights and liabilities of Shankaracharya, Gajapati,‘Mukti Mandapa’, servitors and administration should bedecided such that they are neither more or less; then the A

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determination and execution of service roles of Kumbhakar etc.according to old settled traditions.

8. Determination of tradition of servitors in accordance toShastra (scriptures). The endeavour to make them well educated,cultured, trained, deserving and self-sufficient should be identifiedand undertaken. A residential school must be established and runaccordingly for children of servitors and brahmin family belongingto solahshasan. They should receive knowledge and skillstraining according to their family tradition.

In systemizing Shri Mandir it is expected that due considerationmust paid to proper following of traditions, establishing eligibilityof servitors according to daily schedule, appointment of servitorswithin the limits of service required, their training anddetermination of source of livelihood for extra servitors.

In independent Bharat through directionless government thissacred institution has been removed faraway from spiritualguidance and turned just into a hub of money and fame. Theimplementation of divide and rule policy is heights of shortsightedness. Therefore rectification of this discrepancy is highlydesired.

With the aim to keep the divine powers of Shri Jagannath Ji inArcha Vigraha intact so that worshippers and devotees getbenefiter by it not harmed, we need to follow injunctions andprohibitions prescribed in Sanatan Shastra (scriptures) just likewe follow injunctions and prohibitions regarding electricity. Bydeclaring Shri Mandir as equivalent to samadhi and museum ofGandhi Ji, its sacredness and safety is bound to get extinct.

9. There should be adeptness in securing the sacredness andbeauty of temple, protection of decency and ornaments ofdevotees and management of temple. The service projects runby temple should be determined and implemented.

It is essential to make this sacred institution a center of devotionand of participation of hindus all over world who are devoteesof Shri Jagannath and belong to Sanatan, Vedic, Arya tradition.

The first consecration of Shri Jagannath Ji was done by ShriBrahma Ji on Vaisakh Shukl Ashtami and second consecration was done by Shri Shankaracharya on Vaisakh Shukl Dashmiso annual festival should be held on that day.

10. During the reign of idol destroyers for 144 years ShriJagannath Ji was not visible; according to BhasmajabalaUpanishad on Vaishakha Shukl Dashmi 483 BC, ShriBhagwatpad Adi Shankaracharya re-consecrated MuktiMandap. This fact should be illustrated in history of Shri Mandiras a token of gratitude.

11. Through the method specified by Shri Bhagwatpad AdiShankaracharya and his disciple Emperor Sudhanwa the way ofmanaging Shri Govardhan Math, Puri Peeth should be cleared;then Shri Jagannath Mahaprabhu should be re-established asthe worship deity of this peeth and Puri situated in Purushottamregion should be popularized as a dharmic and spiritual capitaland the Acharya of peeth should be mentioned as it’s overlord.

Reckon this fact that without Devguru Brihaspati Ji, Indra andother devatas had to suffer a lot. In modern perspective theinfallible cause behind the preeminence of christians worldwideis the concurrence between both parts of christianty namelyalternative governance system and Pope. By keeping this factin mind a path must be cleared for in principle concurrencebetween traditional Vyaspeeth and government.

12. Most of servitors are financially vulnerable due to less quantityof service in Shri Mandir, a way for their economic welfare mustbe found out and some adequate arrangements for their medicaland other expenses must be made.

13. Government of Odisha should appoint a chief manager adeptin complying and making others comply with dharmic andspiritual activities in Shri Mandir; but he shouldn’t be administratorof dharmic and spiritual area.

14. The competent person to be appointed as Chief of ShriMandir Management Committee must first undergo dharmic andspiritual training for a month then he should be appointed to thispost so that he is able to keep this sacred institution away fromthe grips of directionless business class.

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15. The determination and execution of standards of sacredness,beauty, grandeur and orderliness in Shri Mandir must be doneas soon as possible.

16. The details of property and budget of Shri Mandir must bedecided and presented in proper manner.

17. Travellers must receive warm and pleasant behaviour.

18. The service and worship of Devi-Devata consecrated in ShriMandir must be done according to Shastra (scriptures) atappropriate timing.

19. The selection of members of management committee mustbe done in dharmic and spiritual way with the participation ofShankaracharya, Gajapati, ‘Mukti Mandapa’, Mukti MandapaPandit Sabha’, Servitors and Government administration.

20. The selection of office bearers of ‘Mukti Mandapa’ and‘Mukti Mandapa Pandit Sabha’ must be done under the divineaegis and guidance of Shrimad Jagadguru Shankaracharya,Shri Govardhan Math, Puri Peeth who is the chief ofinstitution.

21. The publication of annual Panchang from Shri Mandir mustbe done in an authentic and optimal method.

22. The endeavour to organize monasteries, temples of ‘Sanatanadharma’ in Odisha as dharmic and spiritual fortress and divinetemples must be determined and implemented.

23. The office bearers of management committees of ShriJagannath temples built all over nation and world must becontacted in good faith and every year a convention must beorganized for them in ‘Acharya Peeth’, Puri.

24. An authorised scholar should recite ‘Shrimad Bhagwat’ andstories of greatness of Purushottam region from SkandaPurana in Shri Mandir regularly in morning and evening.

25. Proper arrangements for the security of Purushottam areaand Shri Mandir situated there must be done.

26. The required reformation between Garbhagriha (sanctumsanctorum) of Shri mandir and the attached Mandapa must bedetermined and implemented based upon Shastra (scripture).

27. The inordinate secrecy and misconduct in service and worshipof Shri Mandir is due to addition of different dimensions bymany eminent persons from time to time; while elaboration leadsto increase in tribulation but brevity leads to assuagement - foLrkjk%Dys’kla;qDrk% la{ksikLrq lq[kkogk%A (Mahabharata Shanti Parva, 297.20,37)

Therefore, it is necessary to determine and implement practiceswhich are unopposed and in accordance to Sanatana traditionand which will not lead this sacred institute to becomedirectionless.

28. While any person and organization related to this institutionshould be taken care of appropriately, nobody must exploit thisdharmic and Spiritual institution.

31. …..Therefore it’s an established principle that ShriGovardhan Math and the sacred institution of it’s Aradhya DeviShri Jagannath Ji must be managed as per the code of conductgiven by Shri Bhagwatpad Adi Shankaracharya.”

IN RE: RESPONSE OF STATE OF ORISSA,RESPONDENT NO.2

23. The State of Orissa, respondent no.2 has filed an affidaviton 29.6.2018, wherein it has been stated that State of Orissa as perthe order dated 8.6.2018 passed by this Court, has constituted aCommittee to study the management schemes of other important Shrinessuch as Vaishno Devi, Somnath Temple, Golden Temple, Amritsar,Tirupati Temple and Dharmsthala (Karnataka) Temple. TheCommittee was directed to submit an interim report. Notification hasbeen issued on 12.6.2018.

24. An additional affidavit has been filed on behalf of State ofOrissa on 30.9.2019, in which it has been pointed that a Commissionheaded by Shri Justice B.P. Das, retired Judge of the High Court ofOrissa, was constituted, which has recommended for widening of roadoutside the Temple for crowd management, movement of emergencyvehicles such as fire tenders, ambulances, etc. and the WorksDepartment has submitted a proposal to the Collector for acquisitionof land within 75 meters from Meghanad Pacheri of Shree JagannathTemple under the provisions of the Right to Fair Compensation andTransparency in Land Acquisition, Rehabilitation and Resettlement Act, A

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A2013 (‘the Act of 2013’). A Resolution has been passed by the Cabinet,which has been gazetted on 27.8.2019. It is stated that steps are beingtaken in accordance with the provisions contained in the Act of 2013,to acquire and rehabilitate. Three highly unsafe structures have beenremoved, details of which have been given. It is further stated that 26commercial establishments have been relocated temporarily till finalBrehabilitation takes place. The Deities and the Gaadis of affectedMaths have been preserved. The Redevelopment Plan will focus onheritage architecture, complementary affiliation between ShriJagannath Temple and the Maths concerned. Adequate parking shallbe provided for the use of Maths in the redevelopment plan. ShoppingCunits will be constructed as per the Rehabilitation and ResettlementScheme and provided at common market complexes. The Rehabilitationand Resettlement Package has been filed as Annexure-C along withHeritage City Project of Puri as Annexure-D. Due process of law isbeing followed and the District Administration has no intention to removethe temples and gaadies, etc.D

25. Additional Status Report has been filed on 21.10.2019 by theState of Orissa. The State Government has taken a policy decision inconsultation with the Mahant and the Administrators of the Matha.Following five steps have been taken by the State Government:

E“7.That the above referred steps would ensure that –

(i) The long felt need of clearing the nearby area of ShreeJagannath Temple is achieved so as to avoid anystampede, incident of fire, taking care of emergencysituation by providing ingress/egress to fire brigade andambulance and taking the security concerns of thetemple and the safety of the devotees into consideration.

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(ii) While doing so, the deities, sanctum santorum, gaadi,samadhi of the Matha, relics of the Matha will not bedisturbed and remain at their current place with betterGbeautification in line with Kalinga style architecture.

(iii) The properties of the Matha which are used for shops/commercial activities/ lodges etc will be acquired andcleared and the compensation would be paid at the ratemutually agreed in consonance with the Rehabilitationand Resettlement Policy. Every shopping unit will be H

eligible for allotment of a shop unit in the marketcomplexes to be developed.

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(iv) In view of redevelopment of Matha withaccommodation of Mahanta, and other relevant structureas applicable, an alternate site would be made availableat the nearest available vicinity of the place where itBexisted earlier. Structure cost as per law would be paidto the Mahanta of the respective Mathas withconstruction assistance as prescribed in theRehabilitation & Resettlement Policy.

(v) Till the time such alternate site is made available, theState Government would pay compensation/ rent on amonthly basis at a rate as per the Rehabilitation &Resettlement policy and based upon the request of theMahants which is calculated based upon their actualrequirement.”

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The Minutes of Consultation Meeting with various Mahants ofMaths have also been placed on record as Annexures A to H.

IN RE: SUBMISSION OF INTERVENOR

26. One of the intervenors – Daitapati Nijog has pointed thatthe Daitapatis have a hereditary right to perform secret sevapuja ofLord Jagannath and same is mentioned in Record of Rights under theAct of 1954. Any reduction in number of Daitapatis would lead todifficulties in performing the nitis/rituals.

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IN RE: RESPONSE OF TEMPLE MANAGINGCOMMITTEE

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27. The Temple Managing Committee has filed its first responseon 24.4.2019, as to the suggestions made by learned Amicus Curiae.It has been pointed that the Temple Administration is neither averse tothe implementation of the recommendations/suggestions of learnedAmicus Curiae on the issue after holding discussions with all theGstakeholders on 23.2.2019.

28. It is further submitted that Temple Administration is open tocarry out improvements in the Temple as may be directed by this Courtin the larger interest of the public, however, improvement should becarried out without hurting the religious sentiments of the people of H

AOrissa, the devotees, religious traditions, the rights of Sevaks and theJagannath Sanskruti. Since, it does not wish to have chaoticsurroundings around the Shrine or to hurt the religious faith of itsdevotees, which are spread all over the world. The queue system hasbeen introduced by installing steel railings with covers for all thedevotees. Queue is controlled by the police personnel of the TempleBPolice. Police Officials are monitoring the CCTV footage round theclock. Railings at the Singhadwar i.e., main entry, have been installedfrom 1[st] week of October, 2019, which was strongly opposed by somegroups claiming to be Jagannath Sena and called for Puri Bandh on3.10.2019. During which the members of the group vandalized andCransacked the Temple Administration, which is causing huge loss to theproperty of the Temple Administration. Thus, Temple Administration wasforced to abandon the execution at the main entrance to the Shrine.

29. It is further pointed out that large scale improvement formanaging the crowd inside the Shrine is not possible considering theDfact that the Shrine being protected religious monument is under thecontrol of Archaeological Survey of India (ASI) and without its expresspermission, no further construction or renovation is possible.

30. As to the abolition of hereditary rights of Sevaks, the TempleAdministration is in respectful agreement, however, it is submitted byEthe Temple Administration that Record of Rights has been conferredon such Sevaks/Sebayats recognizing their rights under the 1952 Act.The abolition of the system would require amendment of the Act. Ithas also been pointed out that in the event of such amendment to theexisting provisions abolishing the age-old rights of the Sevaks, the sameFwould have serious ramifications on the daily rituals/nitis/pujas of ShriLord Jagannath as all Pujaries cannot perform seva/puja of theDeities, which requires special skills and expertise and the presentSevaks are well versed with the traditional style of seva/puja of theDeities. The abolition of the system may evoke widespread protest. TheTemple Administration is contemplating to reduce the number of Sevaks,Gwho are large in number and have been enjoying such rights as againstthe actual number of Sevaks for performing the daily ritual andadditional Sevaks are required on festive occasions only. There areabout 2500 Sevaks at present and number can be cut down to sizeablelevel as per actual requirements. Shri B.D. Sharma, Ex-Governor ofHState of Orissa as also suggested improvement in his report in this regard. He has also suggested employment of sevayats for nitis shallbe rationalized and kept within the limits of actual requirement. TheTemple Administration is not in favour of total abolition of ROR ofSevaks. Sevaks may create serious problems by stopping daily ritualsin the event of such steps being taken for reduction of their numbers.Thus, matter has been left at that and they will abide by the directionsand the orders which may be issued by this Court.

31. An incident dated 28.12.2018 which took place in the Shrinehas also been highlighted by the Temple Administration in which oneBhitar-Chhu Sevak, who was entrusted with the daily duty of openingthe door to the Sanctum-Santorum at 4.30 a.m. for daily puja/nitis, didnot open the door on the ground of his personal issues with PoliceAdministration of Puri Town, leading to delay in performance of sevaand puja, the door was opened at 4.30 p.m. in the evening with theintervention of Chief Administrator. The Chief Administrator may bedirected to take disciplinary action in accordance with law against thoseSevaks, who are found indulged in anti-temple activities includingstopping of nitis/pujas/seva and misbehavior/misconduct against theemployees of the Temple Administration and also the devotees. In caseof misconduct with devotees and pilgrims, to debar such Sevakspermanently from their ROR and benefits/facilities enjoyed by themunder the law. The Committee has also agreed with the collection ofdonations by Sevaks as suggested by learned Amicus Curiae in Para9 of his report. The Temple Administration has passed a resolution on18.8.2018 and has formed a Sub-Committee. It has drafted a regulationin this regard and the same was awaiting approval of the ManagingCommittee in accordance with the procedure provided under Section31 of the Shri Jagannath Temple Act, 1955.

32. It is pointed out that suggestions have been made by the ChiefAdministrator to the Managing Committee to develop the Mathaslocated in the periphery of the Shrine for providing low costaccommodation to the poor and needy devotees/pilgrims.

33. The Temple Administration has taken initiative for launchingE-Services of the Shrine. The website would cover all relevantinformation with regard to Shrine like details of seva/puja,accommodations for the devotees, the price-chart for sale of Prasad/Bhog. The website was likely to be launched on 7.5.2019, on theauspicious day of Akshya Tritiya.

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A34. With respect to hassle free darshan to the devotees, theTemple Administration has initiated steps for providing facility ofParikarma around the Shrine with covered roof, safe drinking waterfacility at suitable points, sitting arrangements for old, aged anddifferently-abled persons.B35. For providing safe drinking water to devotees and pilgrims,water purifiers have been installed at several places including AnandBazar for pilgrims/Servitors.

36. With respect to improvement in the hygiene conditions aroundRosaghar, the matter has been taken up with ASI to take stepsCincluding providing cover for pandal where all initial preparations forcooking takes place.

37. With respect to waste disposal, treatment plant is in place atsouthern gate. Other wastes are being collected by the employees ofthe Puri Municipality on day to day basis. The Temple is exploringDfurther possibility in view of the report of learned Amicus Curiae forinstalling effective waste management system.

38. With respect to the welfare measures, the TempleAdministration has pointed out that they are giving following benefits:

“14. That so far as the grievances of the sevaks as highlightedEin the Report of the Ld. Amicus are concerned, the followingwelfare measures have already been provided by the TempleAdministration for their benefits;

a. Monthly pension for old, senior sevaks, differently abledand widows of the sevaks; F

b. Medi-claim policy to all the sevaks.

c. Scholarship to the children of the sevaks to promoteeducation.

d. Dispensary providing free medical facilities to the sevaksand their family members.

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e. First-Aid centre inside the Shrine for all.

f. Financial helps to sevaks in case of marriage, threadceremony and to meet the funeral expenses.

g. Accidental Death Insurance coverage to all sevaks anddevotees in case of death inside the shrine;”

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39. It is further submitted that the Temple Administration isconcerning about setting up of school for the children of servitors wherepriority is to be given to equip the children with the JagannathSanskruti and the rites and rituals attached to seva/puja.

40. Another affidavit has been filed on behalf of TempleManaging Committee, wherein it is stated that Managing Committeehas passed a resolution on 27.9.2018, which is to the following effect:

‘(i) Abolition of Hereditary Sevaks/ appointment of Sevaks.

The Managing Committee considered the recommendationssubmitted by the Sub-Committee constituted under theChairmanship of the Chairman of the Managing Committee toexamine this issue; and after thorough discussions unanimouslyapproved the recommendations of the said Sub-Committee aftersome amendments. A copy of the proceedings of the said Sub-Committee dated 18.09.2018 incorporating the said amendmentsis annexed hereto as Annexure: R3/ —— and may be treatedas part of this affidavit. I wish to respectfully add here that thedaily and periodical rituals of the Deities are performed accordingto religious practices, customs and traditions well established sincemore than 800 years as per the dictates of scared scriptures.The sevaks are performing their respective sevas hereditarilysince time immemorial. As the seva is hereditary, the TempleAdministration has liberally permitted the descendants of thehereditary right-holders-sevaks to perform seva as a result ofwhich the number of sevaks has increased considerably over thecenturies. It is necessary now to streamline and rationalise thehereditary rights system by re-defined it and implementing itcorrectly. With regard to Puri Shri Jagannath Temple, thehereditary right of a Sevak is not an absolute right to appointment.Rather it is a preferential right to be considered for appointmentsubject to availability of post, eligibility and fitness. On this basis,it is proposed to select and appoint the number of sevaks actuallyrequired from each category of hereditary right holder sevaksfor the smooth performance of the daily rituals, periodical nitisand festivals. The number of sevaks actually required and theprocedure for selection will be determined after thoroughdiscussion and deliberation with Sevak Nijogs and the StateGovernment. Hereditary right holder sevaks not selected/

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appointed through this process will be generously compensated.The State Government will be requested to constitute a committeeunder the Chairmanship of a senior Judicial Officer fordetermination of compensation to be paid to each sevak who hasnot been selected/appointed. However, those who will not beselected will not lose their status as sevak and they or theirsuccessors may be considered for selection/appointment in caseof vacancy arising in future in their category of seva. If a selectedsevak, fails to report in time or neglects in performing his duty,he is liable to be dismissed from seva through appropriatedisciplinary proceeding under Sec. 21-A of the said Act and anew sevak engaged to perform the seva from among the samecategory of sevaks in accordance with the R.0.R.. Except handfulof sevaks most of the sevaks are performing their seva withsincerity and dedication. Many sevaks are not financially soundwhich is apparent from the socio-economic survey conducted bythe Temple Administration. Handsome remuneration will be paidto those who will be selected for performing seva puja of theDeities so that they will not face any difficulty in maintainingthemselves and their family in a reasonable decent manner.

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That, learned Amicus Curiae in his report has suggested to reducethe number of sevaks as per requirement so that each of theEsevaks gets some turn for seva and thereafter some Purshakarfor the maintenance and upkeep of the family and their livelihood.The others be given a golden handshake to be worked outbetween Administration and Nijog. The learned Amicus Curiaehas also suggested for having a reserve list of sevaks so that inFabsence of any sevak, the rituals and nities are not in any wayaffected.

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That, it may be considered to exclude those Sevaks who areinvolved in criminal activity and in forcible possession of Templeland while selecting required number of sevaks. Besides that theretirement age of the sevaks may be fixed.

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(ii) Prohibition to collect money from Annadan Atika bySevak. Ban on placing Thali and pitchers by Sevaks toreceive offering :

As regards the prohibition to collect money from Annadan Atikaby Sevaks, the Managing Committee has resolved to close H

Annadan Atika offices run by various sevak nijogs inside theTemple premises. It has been decided that the TempleAdministration shall take over the possession of these offices andcollect Annandan Atika money directly from the devotees. TheAnnadan Atika system will however be regulated by appropriateRegulation framed by the Managing Committee under the saidAct to ensure fair and proper operation of this practice to thecomplete satisfaction of the devotee/pilgrims. This regulation willalso appropriately regulate the smooth functioning of traditionalJatri Panda seva carried by the Sevaks and ensure that nodevotee-pilgrim is put to any harassment or inconveniencewhatsoever. The Yatri Pandas serving the pilgrims as guide inthe Temple premises will be granted license, under specific termsand conditions by the Temple Administration to work as guides.

That, the Temple Managing Committee in its meeting held on18.08.18 has constituted a sub-committee under the Chairmanshipof Chief Administrator to draft a regulation for the purpose ofcollection of Atika Money by Temple Administration and for itsproper utilization with a view to save the pilgrims from exploitation.A draft regulation has been prepared and it is in activeconsideration.

As regards Ban on placing Thali and pitchers by Sevaks toreceive offerings, it has been contemplated, to replace the Thaliand pitchers with well designed donation boxes to be kept insuitable places accessible to the devotees for placing of offerings.

(III) Temple Management to take control of Rosaghar andChuli (Hearth):

In this connection, it is submitted that there are 240 chulis(traditional hearths for cooking bhoga) within the Rosa-ghara(Temple kitchen). 8 chulis are dedicated for preparation of‘Kotha-bhoga’ (which is distributed among the Sevaks as perROR); the cost of which is borne by the Temple Administration.The balance 232 chulis are used by the Supakars (traditionalTemple cooks) for preparing “Baradi-bhoga” (bhoga for sale todevotees) and the respective Supakars bear the expenses in thisregard. The Managing Committee has decided that the said 232chulis will be let-out to the Supakars on annual license basis onspecific terms and conditions. An appropriate Regulation under AB

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the said Act is being framed for comprehensively regulating allactivities in the Rosa-ghara as well as in the Ananda-bazar(where Mahaprasad is sold to the devotees) to ensure hygienicand proper preparation of the bhoga and its sale to devotees atreasonable rates in a systematic, organised and hygienic manner.

That, Mahaprasad is being sold in Ananda-bazar of the Temple.Dry Mahaprasad and mementos of Lord Jagannath are being soldin shop rooms constructed within the Ananda-bazar. For sale ofAnna Mahaprasad by Supakars sheds have been set up withinAnanda-bazar. Steps has been taken to fix the rate of Mahaprasadin consultation with the Suar Mahasuar Nijog and the rate chartwill be displayed within Ananda Bazar. A control room will beopened within Ananda Bazar to address the grievances of thepurchasers of Mahaprasad. A separate place will be identifiedand selected for storing and dispatching of “Baradi Bhog” (Bhogaprepared on orders of devotee).

The learned Amicus Curiae, has suggested to make the courtyardnear Roshaghar where vegetables are chopped and spices aregrinded for preparation of Bhog more hygienic. In this regardTemple Administration has decided to reconstruct the dilapidatedstructures standing on said courtyard and to repair the floor ofthe courtyard by replacing stones in consultation of the A.S.I.

(IV) Provision of separate toilets for male and femalemembers of the public and for Sevaks:

That, a Toilet has been constructed outside West Gate of theTemple for use by the Sevaks and another toilet has beenconstructed outside south gate of the Temple for use by thepilgrims. A committee was constituted consisting of the Collector,Puri, S.P., Puri and Administrator (Development), ShreeJagannath Temple, Puri to identify other suitable places at theouter periphery of “Meghanada” Pracheri for construction ofseparate toilets for male and female pilgrims. After identificationof the land, steps have been taken to construct toilet blocks formale, female and differently abled person at one of the locationnear West Gate of the Temple.

(V) Queue system for hassle-free darshan :

As regards the queue system for hassle free Darshan, it is submitted that queue system has been introduce experimentallyfrom 1st Oct, 2018. Arrangement have been made for entry ofdevotees through Lion’s Gate exit through other three gates. Thedevotees are being allowed to main temple batch by batch through‘Sata Pahacha’ (on the northern side) and exit through ‘BeheranDwar’. Since it is a very old temple and limited space and hasseveral rituals which requires to be performed without anyobstacles, no permanent barricades from Sata Pahacha toBeheran Dwar can be set up to allow the devotees to go throughin a queue. However, steps will be taken to deploy additionalTemple Police and District Police Staff to manage the Crowd.

It is pertinent to mention here that for hassle free Darshan ofDeity by differently abled persons, special arrangements are beingmade. The differently abled persons will enter the Templethrough North Gate, and will have Darshan of Deity from ‘Baharakatha’ (Inside Nata Mandap near Jay Bijay Dwar). For thispurpose a ramp is under construction.

(VI) Surveillance of collection from Hundis andreceptacles:

As regards the surveillance of collection from Hundis andreceptacles, it is submitted that the collection from Hundi anddonation boxes are being counted by designated Temple Officers& Staff in the presence of representative of Sevaks in the BranchOffice of the Temple located within the Temple precincts. Foreffective surveillance of the counting process, five closed-circuitcameras have been installed at the counting place monitored bysenior Temple officials and the counting process is also displayedthrough a large L.E.D. monitor installed outside the said BranchOffice.

(VII) Audit of Temple Funds by Accountant General :

(VII) Audit of Temple Funds by Accountant General :

As regards the Audit of Temple Funds by Accountant General,it is submitted that as per section 27(1) the said Act read withShri Jagannath Temple Audit Rules, 1968, the audit of ShriJagannath Temple Accounts is being conducted by Local FundAuditors as appointed by the Government of Odisha from timeto time. The Managing Committee moreover appoints a reputedChartered Accountant for internal audit and special audit of AB

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income and expenditure of the Temple funds. All expenditure ofGovernment grants (which are required to be placed before theState Legislature) are audited by the Account General Auditorsappointed by the State Government. It has been proposed tointroduce online account system from the current financial year.

(VIII) & (IX) Identity Cards for Sevaks and Staff & Guidesto be registered in Temple Office:

As regards issue of identity cards for Sevaks and staff andregistration of Guides, it is submitted that multi-coloured identitycards with smart chips will be issued by the TempleAdministration to all officers and employees of the Temple.Besides, all Sevaks, agents of hereditary Yatri-pandas, employeesof Sevak-nijogs including those engaged in the Rosa-ghara andAnanda-bazar (such as, porters and kitchen assistants, namely,tunia, jogania etc.) will also be provided identity cards. With theintroduction the new identify cards all identity cards issued earlierwill be cancelled.

(X) Reduction of over-staff :

In this regard, it is submitted that a professional agency will behired to design the staff structure of various categories of Templestaff. It may be stated here that the staff strength of TempleAdministration at present is 547 which is substantially less thanthe staff strength in other important shrines of India. On the otherhand, the number of devotees visiting Puri Temple on any normalday is much more than other shrines of India. On festiveoccasions, there is a manifold increase in the number of visitorsto the Temple.

(XI) Single authority for security management in Templepremises:

As regards appointment of a single authority for securitymanagement in the Temple premises, it is submitted that the StateGovernment was requested to appoint an officer of the rank ofAdditional Superintendent of Police who will be the Administrator(Security) of the Temple and will also hold charge of SinghadwaraPolice Station located near the main entrance gate of the Temple.Accordingly the State Govt. has appointed Addl. S.P. Puri asincharge Administrator (Security) Shree Jagannath Temple, Puri.

The copy of Notification dtd.5.02.19 is annexed hereto andmarked as ANNEXURE:R3/——- of the Paper Book)

(XII) Proposed amendments to Shri Jagannath Temple Act,1955:

As regards suggestions for amendments to Shri JagannathTemple Act, 1955, A draft amendment is under preparation whichwill be placed before the Temple Managing Committee and StateGovt. for necessary orders.”

41. The District Judge along with his report has also filed therelevant extracts of the report of the Commission of Inquiry headedby Shri B.D. Sharma, Ex-Governor, Orissa as Annexure-K and that ofMr. Justice B.K. Patra, former Judge, High Court of Orissa asAnnexure-L. The recommendations in the interim report dated 20.4.2017of the Commission of Inquiry into the affairs of Shri Jagannath Templehas also filed as Annexure-N. We have carefully perused the variousreports submitted including the one by Shri Ranjit Kumar, AmicusCuriae and Ms. Priya Hingorani, learned Senior Counsel as well asthe Audit Report of Accountant General, Orissa; suggestions given bySrimad Jagadguru Shankaracharya and Swami NishchalanandSaraswati; and the response filed by the Temple Managing Committee.

42. It is apparent that various aspects have to be gone into andconsidered by the Temple Managing Committee and wherever theGovernment role comes in, the Government has to do the needful aftertaking all the stakeholders into confidence. Let following aspects beconsidered:

(i) We are very concerned and worried as to the incidentdated 28.12.2018, pointed out by the Temple ManagingCommittee in which one Bhitar-Chhu Sevak, who wasentrusted with the duty of opening the door of Sanctum-Santorum at 4.30 a.m. for daily puja/nitis, did not openthe door on the ground of his personal issues with thePolice Administration of Puri Town and the door wasopened at 4.30 p.m. This is unpardonable. No one hasright to obstruct the nitis and rituals of the Deity to beperformed and there are approximately 60,000 peoplevisiting the Temple every day. There is absolutely noright with anyone to delay the opening of the Temple A

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for even a minute. There was total mal-administrationand chaos writ large from the aforesaid incident. Thereis no disciplinary control available. In the circumstances,we have to authorize the Chief Administrator of theTemple, for the time being, to take appropriate stepsagainst such servitors/incumbents, who createobstruction in seva/puja/niti and are involved inmisbehavior and misconduct against the employees ofthe Temple Administration or with devotees and he maypass appropriate orders considering the nature ofindiscipline.

(ii) Srimad Jagadguru Shankaracharya has expressedgrave concern about the nitis/rituals which are requiredto be performed daily, otherwise it would amount todesecration of the Deities. What rituals are to beperformed is not for the Court to decide, but whenTemple exists due to the Deities, the Deities cannot bepermitted to be disregarded by non-performance of thenitis, puja and ritual in the traditional form as observedby Srimad Jagadguru Shankaracharya of GovardhanMath, Puri in his suggestions, nitis are to be performedas per the traditional rituals laid down in BrahmaPurana, Vamdev Samhita, Pancharatra - IshwarSamhita and Vimarsha, which mention consecration,worship and different festivals related to ShriJagannath Temple. Let the Temple ManagementCommittee invite Srimad Jagadguru Shankaracharyaand other stakeholders including the erstwhile rulerGajapathi and ensure that nitis, puja and ritual areperformed as prescribed. They are performed regularlypunctually every day without any remiss and obstruction.At the same time, we request the Temple ManagingCommittee to ensure that as suggested by SrimadJagadguru Shankaracharya and also as per Recordof Rights, nitis and puja are performed each and everyday. The Temple Managing Committee is the bestmaster to ensure the same. Let the Temple ManagementCommittee ensure and supervise that nitis and ritualsare performed regularly.

(iii) There is a need for setting up of schools for the childrenof servitors. We direct the Temple Managing Committeeto allot suitable place for the school for children ofservitors for their proper education as may be considerednecessary. The school should also cater to othermembers of the public, and not exclusively for childrenof such servitors. The cost of Rs.5 crores imposed onKalinga Institute of Medical Sciences (KIMS) in C.A.No. 4914 of 2016, lying in deposit in this Court alongwith interest, to be utilized for the purpose of setting upthe school and its infrastructure. The Chief Architectof the State to ensure that proper plan is produced withthe help of the Temple Managing Committee andprogress of steps taken in this regard be informed tothis Court.

(iv) There are vast immovable properties within and outsidethe State belonging to the Shri Jagannath Temple. Itis stated by learned Amicus Curiae in his report that60,418 acres of land belong to the Temple and Recordof Rights have been prepared for 34200.976 acres sofar. Let the remaining Record of Rights be prepared,as far as possible, within 6 months and the same beplaced before this Court. With respect to otherimmovable properties within and outside the State, letinventory be prepared and details be submitted and howthey are being utilized also how much income isgenerated from them.

(v) It is stated by learned Amicus Curiae in the report thatthere are several quarries and mines of the Temple,which are in operation without payment. A list ofquarries and mines be prepared as to how they are beingmanaged, who is operating them, on what basis and whatis the income of the Temple from them and theoutstanding dues. Let the list of quarries and mines beproduced and the income generated/outstanding dueswith names with other details.

(vi) There is no proper accommodation at present forpilgrims provided by the Temple Managing Committee.

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Report of Shri B.D. Sharma, former Governor of Orissa,indicated that there was need of providingaccommodation to 60,000 pilgrims. With respect to theaccommodation not only the Temple Administration, butthe Government can also do the needful as that is forproviding shelter to humanity, which is necessary. Whenthere is a vast congregation of people, it becomes theGovernment’s duty to ensure welfare, law and order,hygiene and provide proper amenities and sanitationfacilities. The State Government is, therefore, directedto work out and prepare a plan in this regard. TheTemple Administration is directed to coordinate with theGovernment in this regard for providing shelter place andfacilities to the pilgrims.

(vii) It appears that there is necessity for qualified servitorsin traditional nitis and rituals. It is for the TempleManagement Committee to ensure that proper trainingis imparted to the servitors as they are in very largenumber and to ensure that only qualified servitors intraditional nitis and ritual, perform seva, puja and nitis.

(viii) Concern has been expressed in various reports withrespect to economic welfare of the servitors. It is forthe Temple Administration and for the Government asit provides grants to temple to ensure that servitors arelooked after properly. At the same time, it is alsonecessary to ensure that pilgrims are not harassed forobtaining donations and donations are properlyaccounted. It can only be ensured when servitors areproperly looked after including remuneration and healthwelfare. Likewise, to stop harassment strict control anddiscipline with suitable and swift mechanism to punishthe erring, should be put in place.

(ix) Concern has also been expressed in the report withrespect to the sub-letting of seva/puja. Contracting theseva/puja is improper and the Temple ManagementCommittee is directed to take steps in this regard andensure that seva/puja is performed by a person to whomit is assigned by it.

(x) Concern has been expressed in various reports withrespect to hygiene in the Rosaghar. We direct theTemple Administration to maintain hygiene in Rosagharat all costs. The hygiene of Rosaghar is indispensableas Bhog for Deity is also prepared. The place has tobe clean and hygienic. All effective steps to ensure thisshall be taken including using proper means for cookingetc.

(xi) It was also pointed out by the learned Amicus Curiaethat certain preliminary preparations take place in theopen area. This state of affairs is not proper. In casepreparation of food take place in an open area, obviouslyit is bound to be contaminated. The preparation of foodshould be done in permanently covered area in anabsolutely hygienic condition. The ASI shall forthwithclear the plan for construction of sheds/permanentstructures which is absolutely necessary.

(xii) Reports have pointed out that prasad, which is sold inAnanda Bazar, is also not sold in hygienic manner. Letsuch places be improved and made hygienic, prasadamshould be kept in fly proof receptacles and it should besold at proper rates, to be fixed by the TempleManagement. The purity of the prasadam also shall beensured by the Temple Managing Committee.

(xiii) In the report, necessity has been indicated for I-Cardsfor servitors and staff, which is in the interest of theTemple Administration. The servitors and staff shouldbe provided with I-Cards so that unscrupulous personsare not able to present themselves as servitors or staffmembers and the people are not misled on the basis ofwrong identity.

(xiv) In the report of Shri B.D. Sharma, Ex-Governor, Orissa,necessity of a dairy farm has also been pointed out. Itwould be ideal for the Temple to have the dairy farm.Let the Temple Management Committee consider thesame in coordination with other stakeholders withrespect to opening dairy farm.

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SUPREME COURT REPORTS

(xv) It appears from the Managing Committee response thatlot needs to be done with respect to having properdarshan by people at large. As a matter of fact, thereshould not be any commotion and chaos as large numberof pilgrims are visiting the Temple every day. It is a piousduty to provide proper darshan in systematic mannerand to take care of the aged, the infirm and children. Itis for the experts to suggest what system can be devisedwithout disturbances to the rituals to be performed inTemple and passage required for it and thereafterTemple Management Committee and Administrationhave to consider it. We direct the Temple Administrationand the Chief Administrator including the StateGovernment to prepare a roadmap with the help ofexperts for having proper darshan by the devotees/pilgrims and to implement it effectively and to ensurethat there is no commotion so that everybody is able tohave darshan peacefully without any obstruction byanybody.

(xvi) There are certain incidents which have been pointed outin the report relating to the misbehavior with the women,snatching of ornaments, etc. There should not be anyroom for any such incident in the Sanctum-Santorum andother Temples situated around. If such incidents aretaking place, it has to be dealt with all seriousness withfirm hand and there should not be any room for suchincidents. Unlawful elements are responsible for doingsuch acts have to be removed out of the premises at allcosts. We direct the Temple Administration and also theTemple Police to ensure that let there be a dedicatedsection of personnel to tighten security inside the templeand only to ensure that no such incident takes place inthe Temples and no misbehavior is meted out to women.Those found involved in such acts cannot be said to bebeliever in the God also. When such an act is performedin the Temple, it is very disrespectful to Shri Jagannathand the Sanskruti. There is no place for such unlawfulactivities in Temples. The temple authorities and thepolice are directed to take strict action to avoid suchincidents.

(xvii) With respect to valuables of the Temple, let the TempleManagement place before this Court, what kind ofinventory it has prepared? How it proposes to securethe valuables of the Temple and ornaments offered bythe devotees?

(xviii) Learned Amicus Curiae has also pointed out that thereis need for an effluent treatment plant and wastemanagement system which is one of the requirementsfor keeping the area clean and hygienic for devotees.The State Government can also spend money in thisregard, as it is a secular activity. Let proper effluenttreatment plant and waste management system be setup with the help of experts by the TempleAdministration and the State Government as may beconsidered appropriate.

(xix) Learned Amicus Curiae has also pointed out that thereis a necessity for separate toilets for male and female.We direct that let the toilets be provided with modernamenities and should be kept absolutely clean. Thenumber of toilets shall be adequate having regard to theaverage footfall in the temple, which is large in number.

(xx) There is a necessity pointed out about the cloak rooms.Let steps be taken by the Temple Administration in thisregard.

(xxi) As pointed out in the report, there is necessity formotorcycle stand. Let steps be taken to providemotorcycle stand within a period of 4 months, not onlyfor servitors, but also for those who are visiting theTemple on their own vehicle and it is for the localAdministration to work out the proper place for suchpurpose.

(xxii) As there are various reports which have been submittedfrom time to time containing various suggestions. Whatsteps have been taken with respect to the suggestionspointed out in these reports, shall also be considered bythe Temple Management at the first instance andwhatever is done by the other stakeholders like State A

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AGovernment and others, should also be considered byrespective stakeholders. In case they have taken anyaction, be also report to this Court.

(xxiii) Considering the overall situation and the facts, we directthe State Government to depute full time ChiefBAdministrator, not by way of additional charge forthwith.

One of the positive developments is that of introduction of E-Portal. Constant endeavor has to be made to improve upon theinformation made available. It appears from the reports that there arevarious temples of importance and different systems of having darshan.CIt is for the Temple Committee to place such information on website.We place on record our appreciation that all the stakeholders are happywith the development which is taking place at the instance of StateGovernment and they are cooperating with each other in restoration ofglory of Lord Shri Jagannath Temple. We direct ASI also to cooperateand to permit the activities of improvement which are not prima facieDobjectionable and are necessary for public hygiene, sanitation and publichealth and upgradation of the facilities and at the same time it has toensure that the form of the new structure is maintained in the samemanner as the ancient one.

Let the Temple Management Committee consider various otherEpositive aspects for improvement and invite all the stakeholders includingthe State Government, whose cooperation is necessary in permissiblematters, to take care of finance in the various development activities.The Temple Management Committee has to take steps as it is the solerepository of faith. The progress report and the decisions taken shallFbe submitted in this Court within eight weeks, in the form of an actiontaken report.

List the matter on 8[th] January, 2020.

Kalpana K. TripathyG

Directions issued.

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