'Highways Are Of Paramount Importance For State Welfare': Meghalaya High Court Orders Expedited Construction Of Shillong-Dawki Highway

The Meghalaya High Court on Tuesday (December 3) directed the State Authorities to expedite the building of the National Highway from Shillong to Dawki near the Bangladesh border terming it of "paramount importance" for the "welfare of the state".

The court further asked the authorities to ensure that afforestation work is strictly carried out.

A division bench of Chief Justice IP Mukerji and Justice W Diengdoh passed the order while hearing a Public Interest Litigation (PIL) seeking the court's intervention to prevent the felling of 103 trees, stated to be of great value coming in the way of the highway construction.

It said, "We direct that the respondents shall jointly and severally ensure that the afforestation work referred to in the...paragraphs of the affidavit of the NHIDCL is strictly carried out.Construction of the highway, which is of the paramount importance for the welfare of the State the completion of which is long overdue is to proceed with expedition, complying with the earlier interim orders of this Court in this litigation and in accordance with law, and completed as early as possible”.

Through its order of November 7 the court had called for a joint report from the National Highways and Infrastructure Development Corporation Limited (NHIDCL) and the State government for their proposal for afforestation in the area around the “first package” (part) of the highway.

It however said, "It was not pointed out to us at that time that the 103 trees had already been felled by the authorities".

The Court took note of a December 2 affidavit submitted by the nodal agency NHIDCL, confirming that it had paid a total amount of Rs. 3,87,11,297 to the CAMPA Fund (Compulsory Afforestation Management and Planning Authority Fund). The payment was made through the Divisional Forest Officer to cover the cost of "compulsory afforestation" for the 16.107 hectares of land acquired for highway construction.

The court was told that the highway is in "five packages or parts" and that some obstruction was being faced while continuing the construction

Thereafter the Advocate General representing the State Government said that all steps were taken to facilitate the construction of the Highway, wherein the land had been duly acquired and handed over to NHIDCL. He that said despite this "some elements were obstructing the construction and had also filed cases in Court".

After passing the directions, the court disposed of the plea.

Case Title: Shri Kaustav Paul Vs. State of Meghalaya & Ors., PIL No.13/2022

Counsel for Petitioner : Ms. K. Decruse, Adv with Mr. B. Snaitang, Adv

Counsel for Respondents : Mr. A. Kumar, Advocate General with Mr. K. Khan, AAG Ms. A. Thungwa, GA Mr. J.N. Rynjah, GA Mr. R. Pahsyntiew, Adv vice Mr. Philemon Nongbri, Adv for R/5 Dr. N. Mozika, DSGI with Ms. L.M.D. Marak, Adv for R/9

Click here to read/download the order