The Meghalaya High Court directed the State Government to ensure that a committee is set up with the Chief Engineer of PWD (Roads) and a Secretary-level official for the smooth and quick handing over of the acquired land for the widening of the road and the construction of a flyover between Anjalee point and Jhalupara in Shillong.
The Division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh heard a Public Interest Litigation (PIL) raising the issue of 103 mature trees are proposed to be felled between Anjalee point and Jhalupara in Shillong for the widening of the road and the construction of a flyover.
The National Highways Infrastructure Development Corporation Limited (NHIDCL) submitted that the widening of the road between Anjalee point and Jhalupara and the construction of a flyover at Rilbong point form a part of the widening of the Shillong-Dawki road of approximately 71 km. According to NHIDCL, there is a major bottleneck at Rilbong point where the road turns right towards Guwahati and carries on straight towards Upper Shillong when vehicles approach from Anjalee point.
In previous public interest litigation pertaining to the traffic congestion in the city, it has also been noted by the Court that Rilbong point is a major bottleneck as cars approach from three directions on a regular basis and the waiting period can run into several hours when traffic is at its worst. Indeed, on the Guwahati-Shillong road downhill, traffic may be seen piled up beyond Mawlai and, sometimes way down till Mawiong.
NHIDCL further submitted that the Shillong-Dawki road, which has been divided into five packages has already run into rough weather as only two of the packages are ongoing and, because of local issues particularly relating to handing over of the acquired land, two contractors in respect of the other three packages have abandoned their contracts. The Corporation maintains that any impediment to the proposed construction on the Anjalee-Jhalupara section will lead to cost escalation and add to the woes of the already congested traffic in entering and exiting Shillong.
According to the Corporation, after a lot of persuasion at the behest of the State government, precious defense land has been handed over for the purpose of widening the road, and access to such defense land necessitates the felling of the 103 trees towards the right of the road while approaching from Anjalee point to Jhalupara. The Corporation assured the Court that repeated studies and surveys have been conducted to ensure the least disruption and the minimum desecration of the environment.
The petitioner suggested that a committee may be appointed to look into the matter, particularly since a previous committee appointed by the Court pertaining to another stretch of the proposed widening of the Shillong-Dawki road found that a minor change in the alignment could save several trees.
Considering the urgent need to decongest the relevant area, the Court is not minded taking any steps which may result in any delay and the Court only requests the NHIDCL to review its position and to ensure that the minimum number of trees be touched or felled in course of widening of the relevant stretch and the construction of the proposed flyover. The NHIDCL is also reminded by the Court that unlike the temporarily abandoned work on the other stretches after the felling of trees, there can be no lay-off in the work carried out on the Anjalee point to Jhalupara sector, particularly after the trees have been felled. Due timelines with appropriate bar-charts in such regard should be furnished by the NHIDCL by way of an affidavit. The relevant affidavit will also reveal the opinion after conducting a review in the matter of the felling of 103 trees on the relevant stretch. Such an affidavit be filed within a week after the vacation.
As far as the other packages of the Shillong-Dawki road are concerned, the NHIDCL seeks the appointment of a monitoring committee to ensure that the land already acquired for the purpose is handed over immediately and the alignment problems are avoided at the intervention of local residents in certain areas.
Apropos such prayer, the State government is directed by the High Court to ensure that a committee is set up with the Chief Engineer of PWD (Roads) and a Secretary-level official for the smooth and quick handing over of the acquired land and the quick resolution of the local issues that may arise in the other stretches for the work to be taken up in right earnest and completed without any undue delay. The Secretary in the PWD Department of the State will file an affidavit to indicate the measures taken and the progress made in such regard. “If it is found that there is no effective measure taken by the State, a separate committee may be set up by the Court.”
It will be open to the petitioner to inspect the relevant stretch of road where 103 trees are proposed to be felled, of which nine have already been taken down. Without causing any delay to the project, the petitioner may also explore measures, with the assistance of NGOs and experts, to transplant any precious or valuable tree that is proposed to be brought down , the High Court ordered.
“It goes without saying that the NHIDCL will plant an equivalent number of trees at the earmarked areas for felling the 103 trees on the relevant stretch. NHIDCL is also requested to ensure that appropriate tall trees are planted after the completion of the project so that some of the pristine glory is returned to such a stretch of the road. The matter will appear a week after the vacation. List on February 6, 2023”, the order reads.
The post Shillong bypass construction: Meghalaya High Court directs state government to set up committee for land acquisition appeared first on India Legal.
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