Court balances individual rights and public interest, directing State to ensure emergency access and sound limits during temporary pandal erections for community festivals
In a significant judgment dated October 16, 2026, the Orissa High Court (Division Bench comprising Chief Justice Harish Tandon and Justice Mruganka Sekhar Sahoo) addressed the contentious issue of erecting temporary pandals on public roads for religious festivals, particularly Ganesh Puja and Durga Puja. The court carefully balanced the fundamental right to freedom of religion under Article 25 of the Constitution with the rights to free movement and life guaranteed by Articles 19 and 21.
The case arose from a Public Interest Litigation (W.P.(C) No. 26356 of 2025) filed by Mr. Sarat Kumar Gajendra, who alleged that the temporary pandal erected near his residence in Khordha completely blocked access to his home, denying free ingress and egress. The petitioner sought to restrain the erection of such structures on public roads on grounds of obstruction and inconvenience.
The court recognized that while the right to profess, practice, and propagate religion is a fundamental right, it is not absolute and is subject to reasonable restrictions in the interest of public order, morality, and health. Importantly, the judgment emphasized that this right must be harmoniously read with other fundamental rights, including the right to free movement and life. The court observed that community religious festivals are integral to the cultural fabric and promote peace and harmony.
Addressing the petitioner's grievance, the court noted that the State had granted permission for the pandals subject to conditions ensuring that roads are not completely blocked. Affidavits submitted by the State confirmed that at least 22 feet of passage was maintained for vehicular movement, including emergency vehicles such as ambulances and fire engines. The court found this to be a reasonable balance between the larger public interest in celebrating religious festivals and the individual's right to access his residence.
Citing the Supreme Court precedent in Tarak Singh v. Jyoti Basu (2005) 1 SCC 201, the court reiterated the well-established principle that when private interests conflict with larger public interests, the latter must prevail. Accordingly, the court declined to issue a writ of mandamus to prohibit the pandal erection.
The judgment also laid down important directions for the State while granting permissions for such religious festivals on public roads. These include:
- - Ensuring that roads are not completely blocked and sufficient reasonable passage is maintained for ingress, egress, and vehicular movement.
- - Guaranteeing access for emergency vehicles at all times.
- - Enforcing prescribed sound limits and deadline timings to maintain public order.
- - Regulating the size and placement of temporary structures so as not to eclipse the right of movement.
The court acknowledged the petitioner's concerns and the importance of safeguarding individual rights but underscored the need to respect the cultural and religious practices of the community at large. The judgment calls for a balanced approach that protects both religious freedom and other fundamental rights, ensuring harmony and public welfare.
This decision provides a vital legal framework for authorities and communities to conduct religious festivals on public roads without infringing on fundamental rights, and affirms the constitutional ethos of unity in diversity.
Bottom Line:
Constitution of India, 1950 Article 25 Performance of community religious festivals by erecting temporary pandals on public roads - Right to profess religion is subject to public order, morality, health and other fundamental rights - Larger public interest prevails over individual inconvenience - State while granting permission must ensure that roads are not completely blocked, reasonable passage for ingress, egress and vehicular movement including ambulance and fire engine is kept open, and sound limits and time restrictions are strictly followed.
Statutory provision(s): Constitution of India, 1950 - Articles 19, 21, 25
