The Orissa High Court has expressed strong displeasure over the actions of the Cuttack Municipal Corporation (CMC) Commissioner regarding the unauthorized construction of a vending zone near Madhusudan Law University’s second campus at Rehman Square, Jobra, Cuttack. Despite a clear interim stay order issued on May 20, 2025, construction activity continued, prompting the court to intervene again on May 23, 2025.
Background of the Case
Petitioners, represented by Advocate Prasanna Kumar Nanda, filed a writ petition against the vending zone’s construction, citing serious concerns such as increased traffic congestion, noise pollution, water logging, and threats to the safety of around 300 female students living in nearby hostels. They argued that the project would disrupt the academic atmosphere and breach various past court directives.
In its earlier ruling, the court referred to Bombay Hawkers’ Union vs. Bombay Municipal Corporation (1985), stating:
"Hawking should not be permitted within 100 metres of any educational institution."
Accordingly, the court had ordered an interim stay on the construction and directed that the status quo be maintained.
Violation of Court’s Order
Despite the clear order and the Commissioner’s presence during its issuance, the construction continued. The petitioners reported that on May 21, 2025, roofing sheets were installed, and complaints were lodged with the Malgodown Police Station. By the next day, one shop was reportedly operational, selling food items in direct defiance of the court’s directive.
The petitioners emphasized:
"The Commissioner’s deliberate inaction shows a colorable exercise of power and disrespect towards this Hon’ble Court’s authority."
The live video presented during the virtual court hearing confirmed ongoing construction with galvanized iron roofing. The court noted:
“It is unfortunate that no steps were taken immediately by the concerned authorities to prevent such activities. As stated by the Commissioner, ‘hooligans’ have dared to violate the court’s orders.”
Court’s Response
The Vacation Bench of Justices S.K. Sahoo and M.S. Sahoo held the Municipal Commissioner accountable for failing to uphold the court's order, despite having full knowledge of the situation.
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Quoting settled law on contempt, the court stated:
“Deliberate defiance of a court order amounts to contempt. The court must use its inherent power to correct such wrongs.”
The Commissioner assured the court that the area would be fenced off using barbed wire and iron or concrete pillars to prevent further activity. The Deputy Commissioner of Police, Cuttack, also committed to enforcing the order through police oversight.
The Bench stopped short of initiating contempt proceedings, pending further updates. The case is next listed for hearing on June 30, 2025.
Case Title: Aroop Kumar Deo & Ors. v. State of Odisha & Ors.
Case No: W.P.(C) No. 10157 of 2025
Counsel for the Petitioners: Mr. Prasanna Kumar Nanda, Advocate
Counsel for the Respondents: Mr. Debaraj Mohanty, Additional Government Advocate; Dr. Purusottam Chuli, Advocate
