Gauhati High Court gives the go-ahead to Kamakhya access corridor

STAFF REPORTER

GUWAHATI: The Gauhati High Court has allowed the state government to proceed with the proposed “Maa Kamakhya Temple Access Corridor Project” at Nilachal Hills in Guwahati.

The court’s permission has ended the legal hurdles surrounding the redevelopment plan. On Friday, the court also disposed of a Public Interest Litigation (PIL No. 12/2024) and a writ petition [WP(C) 2700/2024] related to the matter.

A bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury stated, “There is a further assurance that the project would be executed without even in the least affecting the underground holy water springs. With the above-noted assurances and the structural design of the project incorporating the suggestions of the National Institute of Hydrology, Roorkee, and IIT Guwahati, we find no reason to continue with this PIL (PIL No. 12/2024) and the writ petition [WP(C) 2700/2024] any further.”

Gitika Bhattacharhjya and 12 others filed the PIL seeking the issuance of a White Paper on the proposed construction of the “Maa Kamakhya Temple Access Corridor” in Guwahati, Assam.

On the other hand, Navajyoti Sarma filed the writ petition challenging the tender process initiated by the State vide NIT dated November 27, 2023, alleging violations of the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and the Assam Ancient Monuments and Records Act, 1959.

The petitioners contended that the project could adversely affect the Maa Kamakhya Temple premises and disrupt religious practices, potentially leading to desecration.

During the arguments, Saikia learned Advocate General, Assam, assured the Court verbally as well as in writing that no construction would take place until the authorities received all necessary clearances, including the research and analytical report from IIT Guwahati and another research body regarding the hydrological impact of the project.

The court noted that the Special Commissioner and Special Secretary, PW (B&NH) Department, Assam, had earlier filed an affidavit stating that the “Maa Kamakhya Temple Access Corridor Project” was undertaken to develop the temple area under the PM-DEVINE Scheme. The affidavit stated that the frontal façade and vista of the temple had been compromised over time because of unplanned residential and commercial buildings, most of which present a rebarbative look, that have crammed the open spaces in front of the temple. These spaces could have been used by pilgrims or developed by the State to provide amenities and all-weather facilities.

“The State is also conscious of the possible adverse impact on the underground holy water springs that may occur with the initiation and completion of the project. With this apprehension in mind, IIT Guwahati was entrusted with carrying out hydrological and geophysical studies of the proposed construction area to determine how the execution of the project could proceed without damaging the sacred underground natural water spring,” the court noted.

In June 2024, the PWD (Building), Assam entered into a MoU with IIT Guwahati. To avoid any adverse impact on the main temple and the holy underground water springs, and to preserve the ancient and sacred monuments in and around the temple, the authorities also commissioned the National Institute of Hydrology, Roorkee, to conduct a study on the possible hydrological and geophysical impact.

The National Institute of Hydrology, Roorkee, submitted its report, and IIT Guwahati vetted it. According to the court, the report found the proposal to be a viable and non-damaging option for the State to carry out the project.

The consultant/concessionaire also took into consideration the report submitted by the National Institute of Hydrology, Roorkee, and the recommendations of IIT Guwahati while preparing the drawings and designs. The court stated that the structural plans and designs had already been submitted to the Government and placed on record in these petitions vide an affidavit dated January 20.

The Gauhati High Court observed, “With all these checks, the learned Advocate General has submitted that he may be permitted to withdraw his oral undertaking that until all clearances are received and proper hydrological and geophysical studies confirm that the execution of the project would not adversely affect the temples and underground water springs, no construction work shall proceed. We find that with all the research material and reports incorporated in the structural design of the project, there should not be any embargo on the State proceeding with the construction and execution of the project to give a facelift to the temple and provide easy access for pilgrims to the shrines located inside the temple premises.”

The bench further stated, “We also reiterate the assurance given by the learned Advocate General that the execution of the project work would be as per the drawings and designs approved by IIT Guwahati and that the project would be executed without affecting the temples in any manner whatsoever. There is a further assurance that the project would be executed without even in the least affecting the underground holy water springs. With the above-noted assurances and the structural design of the project incorporating the suggestions of the National Institute of Hydrology, Roorkee, and IIT Guwahati, we find no reason to continue with this PIL (PIL No. 12/2024) and the writ petition [WP(C) 2700/2024] any further. Accordingly, we close the same with liberty to the petitioners to have these petitions revived in case any breach is noticed hereafter till the final execution of the works by filing a two-page affidavit. Both the petitions stand disposed of.”

Also Read: Rs 18,662-crore tunnel under Brahmaputra gets Union Cabinet nod