Wildlife study first, tree felling later: Court closes PIL against Rs 5,729-crore Guwahati Ring Road project
The Gauhati High Court was hearing a public interest litigation filed by two Assam residents who raised concerns over the environmental impact of the proposed 121-km Guwahati Ring Road project.
The petitioners’ counsel argued that there is a strong necessity for the construction of the Ring Road, but the importance of preservation of the sanctuary cannot be overlooked. (AI-generated image) The Gauhati High Court recently closed a public interest litigation (PIL) challenging the Rs 5,729-crore Guwahati Ring Road Project after the Assam government and National Highways Authority of India (NHAI) assured that no trees would be felled in the affected sanctuary area until a detailed wildlife impact study is completed.
A bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury was hearing a PIL filed by two Assam residents who raised concerns over the environmental impact of the proposed 121-km highway project.
“With such disclosure and undertaking by the State and the NHAI, the executing agency, we do not consider it necessary to continue with this Public Interest Litigation any further. This petition thus is disposed of with the hope and trust that every care shall be taken to protect the environment and simultaneously carry out the project as expeditiously as possible,” the May 26 order read.
Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury noted that the study is expected to be completed within 90 days.
‘Detailed study impact’
- The high court noted a communication from the director of the Wildlife Institute of India (WII) to the principal chief conservator of forests and chief wildlife warden, Assam, indicating that the institute had been tasked with assessing the project’s impact on wildlife and recommending mitigation measures.
- According to the communication, the detailed project report (DPR) and other relevant documents had already been received by the institute, which would prepare a technical and financial proposal within two weeks.
- The court noted that the study is expected to be completed and a report submitted within 90 days of receiving the necessary funds from NHAI.
121-km highway project
- The matter was concerned with the Guwahati Ring Road Project, a massive 121 km highway project, costing approximately Rs 5,729 crore, proposed to be constructed by the National Highway Authority of India NHAI.
- The petitioners urgently approached the high court, looking at the need to protect the environment.
- It was added that when the matter was taken up on April 8, it was urged on behalf of the petitioners that, in principle, there is no opposition to the launching of the project, keeping in mind the necessity of the bypass road for traffic management and also for saving the animal corridor.
- Representing the petitioners, advocate V Rajkhowa argued that there is a strong necessity for the construction of the Ring Road, but at the same time, the importance of preservation of the sanctuary would be necessary, as it is home to many species of animals.
- It was further mentioned that the area, which would be affected by the implementation of the project, would also cover forests and the neighbouring elephant corridor.
‘No tree to be felled before study’
Appearing for the state, Senior Advocate P N Goswami informed the court that the mandatory forest clearance under the Forest (Conservation) Act, 1980, was granted by the central government.
He further submitted that though the divisional forest officer, Guwahati Wildlife Division, had issued an e-tender for selecting a contractor for felling trees inside the sanctuary for widening of the road, it was only for the purpose of selecting a contractor for the work and not for starting the work immediately without taking into account the impact study by either the wildlife institute of the country or any other specialized agency.
He further assured that no trees should be felled before the impact study is made available, and every effort should be made to maintain and preserve the wildlife while executing the project. Goswami mentioned that all the proscriptions and advisories shall be followed.
Advocate Debojit Borkakati, representing the NHAI, submitted that there would be no delay in the release of the funds for conducting the said study.
