Kamakhya Temple Corridor Construction Won't Commence Without Clearance From IIT Gauhati: Assam Govt Tells High Court

The Assam Government recently informed the Gauhati High Court that no construction will start in the proposed 'Maa Kamakhya Temple Access Corridor' until due clearance is received from IIT Guwahati as well as other relevant agencies.

The single judge bench of Justice Soumitra Saikia was hearing a writ petition filed by one of the members of the four Bordeori/Borpujari families who are running affairs of the temple peethas and the adjoining temples within the Kamakhya Mandir complex. They seek that the original structure of Kamakhya Temple not be disturbed with the construction of the proposed Corridor.

It is their apprehension that in the process of undertaking the developmental works in the Kamakhya Temple Access corridor, there is an imminent danger of changing the nature and affecting the practice of puja offered by the devotees including the “Bordeoris”.

They also apprehend that the proposed developmental works will affect the eternal spring including the 'Garbagriha' where perennial source of water is found and considered holy.

They pointed that except for the “Daugarlia Rock Inscription and Rock-cut figures” and one “stone-Gateway” within the Kamakya Mandir Temple complex, none of the temples are protected under The Ancient Monuments and Archaelogical Sites and Remains Act, 1958 Act. It was also stated that no steps have been taken by the Government to include the Kamakhya Mandir Temple complex within monuments protected under a similar State Act namely Assam Ancient Monuments and Records Act, 1959.

The High Court had issued notice to the Assam government in April.

The affidavit-in-opposition filed by the Department of Public Works (Building and National Highway) states that the Department is proceeding to execute an MoU for scrutinizing the drawings relating to the construction of the Corridor and while scrutinizing the same, the IIT Guwahati team will undertake Hydrological and Geological studies, which is mandatory in nature.

It was further highlighted that the Consent to Establish (CTE) has already been obtained from the State Pollution Control Board.

The Advocate General submitted that no construction will start until due clearance is received from IIT Guwahati as well as other relevant agencies. It was further submitted that in the NIT itself there is a clause which stipulates that clearance from all relevant agencies are required to be obtained prior to taking up any construction.

AG further submitted that the progress made is at the engineering stage, which means that the drawings, design and clearances, etc. are required to be finalized and only after that stage is completed, the project will move to the next stage, which is procurement of relevant materials and due completion of the first two stages, that is engineering and procurement stage only, the construction work will proceed.

Therefore, it was the contention of the AG that apprehension expressed by the petitioner that immediate construction is likely to be undertaken is not correct. He submitted that the question of maintainability of the writ petition should be kept open as the primary prayer of the petitioner is for bringing the Maa Kamakhya Temple and its monuments under Ancient Monuments and Archaeological Sites and Remains Act, 1958 as well as Assam Ancient Monuments and Records Act, 1959.

The matter is now listed on July 24.

Case Title: Navajyoti Sarma v. Union of India & 9 Ors.

Case No.: WP(C)/2700/2024

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