Kaustav Paul vs State Of Meghalaya & Ors

Though the initial grievance of the petitioner pertained to the felling of trees for the construction of a flyover between Rilbong and Jhalupara as a part of the Shillong-Dawki road project, the scope of the matter has since been widened to look into the progress of the Shillong-Dawki road, as it is essential not only for connectivity but also for development in the State.

A lot of the other road construction projects are linked to the Shillong-Dawki project, like the identification of necessary bypasses, need to widen ancillary roads and to provide a link to the highway that turns left from Umiam and carries on through Jowai (now bypassed) and Khliehriat into the Barak valley and Silchar.

The latest report on the status of the project as on May 24, 2023 reveals that work in respect of packages II and IV of the Shillong-Dawki project, containing five packages in all, is going on in right earnest but the contractors who had been awarded package I and package V have abandoned the work and the re-tender process initially resulted in a solitary bid being received for package I though, now, upon at least one further bid being received, the contractor in respect of package I has been identified. This aspect of the matter is not referred to in the status report but is submitted on behalf of the National Highways and Infrastructure Development Corporation Limited.

It is further submitted on behalf of NHIDCL that there is no progress in the works pertaining to packages No. III and V. The several impediments in the work being taken up in respect of such two packages have been detailed in the status report. They are, mainly, due to the local landowners not being willing to part with land or disputes having arisen regarding the area of land necessary and the compensation therefor.

In particular, there is a serious problem that has arisen with the Indian Institute of Geomagnetism, which has a large tract of land allotted to it to the left of the road as one approaches Upper Shillong from the Rilbong area. Such institute complains that the widening of the road would affect the fragile magnetic records maintained in the institute. However, the problem is that there is no road on the other side and unless the institute agrees to part with some land, there can be no widening of the road on the relevant stretch.

It is hoped that NHIDCL and the National Highways Authorities of India will approach the appropriate Union Ministry under which the said institute falls and persuade the institute to part with sufficient land for the widening of the road on such stretch. The State government should assist the NHIDCL in resolving the issues pertaining to acquisition of land and payment of compensation in several of the other areas.

NHIDCL, however, submits that since the contractor in respect of package I has been identified and the construction of the Rilbong to Jhalupara flyover falls within such package, the work in such regard may be undertaken expeditiously upon felling the remainder of the trees identified. As of now about 63 trees have already been felled. Once the project gets away in right earnest in respect of package I, the remainder of the trees required to be felled may be felled upon planting adequate number of plants and ensuring their maintenance at least for a period of a year.

Let a further status report be filed when the matter appears next six weeks hence.

List on July 11, 2023.