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Following the Odisha High Court’s Aug 27 order, the district administration of Cuttack on Thursday, Sep 2, demolished the Panchamukhi Hanuman temple on Mahanadi riverbank at Ratilo Village in Salepur block.

The demolition has taken place after on Aug 27, 2021, a Single Judge Bench of Justice KR Mohapatra declined to extend the interim stay order against the demolition order issued by another bench of the High Court of Justice Biswanath Rath.

Justice Mohapatra said that "in view of the order passed by the National Green Tribunal (NGT) on June 22, 2021 and Supreme Court’s August 10, 2021 order related to the matter," he was not inclined to extend the interim order dated Aug 24, 2021.

In pursuance of the same, the district administration imposed Section 144 of CrPC in the surrounding area and razed down the main temple and other structures constructed illegally over 2.12 acres of land encroaching the river embankment.

NGT had issued a notice in June 2021 to the District Collector of Cuttack for non-compliance of its Dec 15, 2020 order of clearing the Panchamukhi Hanuman temple.

On Dec 15, 2020, the tribunal had directed the district administration to demolish the temple after a Committee constituted by it confirmed that the shrine was constructed illegally on floodplain area of Mahanadi River.

After the notice was issued by the NGT, the Kissanagar Tehsildar on Jul 19, issued an order for eviction/demolition of the temple invoking Section 6(1) of the Odisha Prevention of Land Encroachment (OPLE) Act.

Following this, the Sri Sri Panchamukhi Hanuman Temple Trust, Ratilo, Cuttack moved Odisha High Court pleading that there was nothing in NGT’s Dec 15 order pointing towards non-compliance by the petitioner temple trust.

Considering this contention raised by the temple trust, on Aug 24 Single Judge Bench of Justice Rath directed the State counsel to produce the file involving proceeding u/s.6(1) of the OPLE Act involving the concerned area of Ratilo village under Kishannagar Tahasil, Cuttack.

In the same order, Justice Rath also directed that no coercive action was to be taken pursuant to the communication of the Tehsildar, Kishannagar till the next date of hearing on Aug 27.

Thereafter, on Aug 27, the bench of Justice Mohapatra refused to extend the interim stay order and the demolition took place.

Earlier, a Bhubaneshwar resident had sought NGT’s intervention into the matter of the encroachments taken place at the bank of Mahanadi River, which he had claimed were likely to cause damage to the environment, including the obstruction of the flow of river water at the site.

Thereby, NGT constituted an expert committee that confirmed that the disputed shrine was constructed on an active floodplain area or no-development zone within 35 meters from the embankment from the left bank of the river.

Case Title: Sri Sri Panchamukhi Hanuman Temple Trust, Ratilo, Cuttack v. State of Odisha and Ors.