AI Structured Summary
Not yet generated for this judgment
Judgment
This public interest litigation (PIL), for the time being, involves one issue only, connected with the building of a national highway from Shillong to Dawki near the border of Bangladesh.
The entire work involves widening and reconstruction of the existing road. The proposed highway has been divided into five parts which have been described in the project documents as five packages as follows:
“(i) Rilbong to Mylliem Marbaniang covering 11.6 km;
(ii) Mylliem Marbaniang to Wahlyngkhat of a length of 26.55 km;
(iii) Wahlyngkhat to Siatbakon covering a bypass of 8 km;
(iv) Siatbakon to Wahkdait for 17.77 km; and
(v) Wahkdait to Tamabil Dawki of 7.99 km.”
We are concerned with the first of the five packages that is the stretch of the highway between Rilbong to Mylliem Marbaniang covering 11.6 km. This order shall not relate to other packages.
The grievance of the writ petitioner has been that the existing road is lined up with very old and precious trees which are not only priceless but also contribute to the natural beauty of the landscape. The plan of the highway in this stretch involves large scale felling of these trees which would be very detrimental to the environment.
In previous orders of this Court, we had made it clear that till the National Highways and Infrastructure Development Corporation Limited (NHIDCL) took a conclusive decision to go ahead with and complete the project, felling of the trees would remain stalled.
Accordingly, there has been no felling of trees in this stretch up to this point of time.
The Court called for a report from the State with regard to the development in the acquisition exercise and so on. Such report has been filed in Court and duly considered by us.
We have also heard Dr. Mozika, learned DSG appearing for NHIDCL.
From the submissions of Mr. K. Khan, learned AAG and learned DSG, the following facts are brought to light.
(i) As far as the first stretch is concerned acquisition of land by the State and its handing over to the NHIDCL are complete;
(ii) The contractor who was entrusted with the work for the first package covering 11.6 km has been discharged and replaced by a new contractor on 25th September, 2023 with a timeline of two years from the date of commencement of the contract that is 23rd October, 2023 to complete the work; and
(iii) Till date about 16.5 per cent of the work has been done and 14.3 per cent of the financial allocation expended for this purpose.
Mr. Paul appearing in person for the petitioner submits that the people of the area whom he represents in this PIL do not have any objection to this developmental work of building a highway but would pray for appropriate afforestation to be done in that particular area to maintain the ecological balance and environmental beauty.
We have considered the submissions of learned counsel for the parties.
We direct as follows.
The NHIDCL and the contractor are free to proceed with building of the first part or package of the proposed highway. They can proceed with all other work except felling of trees, for the time being. A joint report by the NHIDCL and the State government is to be filed in this Court by 29th November, 2024 disclosing proposed afforestation in the area around the first package with all necessary details. A copy of the report is to be furnished to Mr. Paul appearing in person
List this PIL on 3rd December, 2024 to seek this Court’s approval for this afforestation proposal and for further directions to proceed with construction and completion of the highway in package one.