Gauhati High Court Clears Path for Kamakhya Temple Access Corridor Project

Guwahati: The Gauhati High Court has permitted the Assam government to move ahead with the Maa Kamakhya Temple Access Corridor Project under the Centre’s PM-DevINE scheme, clearing the way for the proposed redevelopment around the revered shrine atop Nilachal Hill.

A division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury observed that the materials and reports placed before the court, including those forming part of the project’s structural design, did not warrant any restraint on the state from proceeding with construction.

The bench said the project is aimed at improving access for pilgrims and enhancing facilities within the temple complex, and ordered accordingly.

"We find that with all the research material or reports incorporated in the structural design of the project, there should not be any embargo for the state to proceed with the construction or execution of the project for giving a facelift to the terple(s) and provide easy access for the pilgrims to the shrines located inside the temple premises. We order accordingly," the division bench said.

The matter came before the court through two separate petitions filed in 2024. One, moved by Gitika Bhattacharjya and 12 others, seeking a white paper and assurances that the project would not damage the ancient Kamakhya Temple, the Dasa Mahavidyas shrines, sacred caves and water springs, or Nilachal Hill.

The second petition, filed by Navajyoti Sarma, challenged the tender process initiated by the state and alleged violations of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and the Assam Ancient Monuments and Records Act, 1959.

The plea argued that implementation of the project could adversely affect the temple premises and disrupt established religious practices.

During the hearing, the state government placed on record an affidavit sworn by the Special Commissioner and Special Secretary of the Public Works (Buildings & National Highways) Department.

The affidavit stated that the project forms part of a broader plan to develop the temple area under the PM-DevINE scheme.

Referring to the affidavit, the court noted that the temple’s frontal façade and surrounding vista had, over time, been affected by unplanned residential and commercial constructions that have encroached upon open spaces which could otherwise serve pilgrims or be developed into public amenities.

Advocate General D Saikia submitted that the project was conceived with a clear understanding that there would be no interference with the temple’s core architecture or ancient sculptures in and around the sanctum sanctorum.

He also informed the bench that the state is mindful of potential impacts on the underground holy water springs.

To address these concerns, the government has engaged the Indian Institute of Technology Guwahati to conduct hydrological and geophysical studies in the proposed construction zone.

The objective, the court was told, is to ensure that execution of the project does not damage the sacred subterranean water sources associated with the shrine.

With the court’s nod, the state can now proceed with the execution of the access corridor project, subject to the safeguards and studies outlined before the bench.

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