Gauhati High Court Closes PIL On Heritage Tree Felling In Assam's Dighalipukhuri After Govt Decides On Realignment Of Flyover

The Gauhati High Court on Wednesday (November 13) closed a Public Interest Litigation raising grievance that construction of two arms, connecting the under construction elevated road on GNB Road, would require the old trees aged about hundred years or more in and around Dighalipukhuri pond to be felled down.

The division bench of the Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair observed:

“In view of the fact that now the State Government has decided to change the alignment of the two arms, which could have resulted into cutting of the trees, which are hundred years old or more, we are of the view that the grievance raised by the petitioners in this PIL petition has already been redressed.”

The PIL raised the issue that the State Agencies have decided to construct two arms, i.e. Tayabullah Road (390 m) and West Dighalipukhuri Road (250 m) connecting the under construction elevated corridor/road on GNB Road from RBI Office in Ambari to FCI Godown in Noonmati.

It was alleged that on account of construction of the above referred two arms, the old trees aged about hundred years or more in and around Dighalipukhuri pond are required to fell down. It was submitted that thousands of residents of Guwahati, who are concerned about the environment, are protesting against the action of the respondents of felling the trees which are hundred years old or more than that.

Earlier the Court vide order dated November 04, 2024 issued notice State respondents to clarify its stand on the issue.

The affidavit filed on behalf of the Government of Assam and Public Works Roads Department stated that the matter was taken up at highest level and on November 05, 2024, the Chief Minister of Assam has announced about realignment of the proposed Flyover without affecting the two sides of Dighalipukhuri pond and trees standing thereon.

Thus, the Court noted that as State Government has decided to change the alignment of the two arms, no further order is required to be passed in the present PIL.

“Needless to say that if in future the petitioners or any other vigilant citizen feels that the stand taken in the affidavit by the State is not adhered to, he or she may be free to approach this Court by way of appropriate proceedings,” the Court said.

Case Title: Mahesh Deka & 2 Ors. v. The State of Assam & 5 Ors.

Case No.: PIL/64/2024

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