By Our Reporter
SHILLONG, Oct 19: The High Court of Meghalaya is hopeful that the extent of the flyover in Shillong, which is part of the Shillong-Dawki road, will be decided upon as soon as possible by all concerned, including National Highways and Infrastructure Development Corporation Limited (NHIDCL) and the state government.
During the hearing of a PIL on Thursday, the NHIDCL filed an affidavit that concentrated only on the first of the five packages of the road project. The project is embroiled in serious difficulties and it has seen contractors pull out.
The NHIDCL informed the court that the work relating to the first package was allotted to a contractor in the last week of September 2023, after the original contractor had abandoned the project.
The affidavit in question also had a copy of the minutes pertaining to a meeting held between Indian Institute of Geomagnetism, state government and NHIDCL, among others, for a part of the land leading to Upper Shillong, which is now in the possession of the IIG, to be surrendered for widening of the road.
The minutes recorded the resolution which required the government to immediately start widening the road as proposed by NHIDCL. After the land necessary for widening the road is lost by IIG, the rest of the relevant land would be used for administrative office and residential purpose.
The government agreed to allot a suitable land to IIG for relocation of instruments and equipment and further, agreed to bear the expenses for the relocation.
“Thus, it appears that the work on the first package, which includes a proposed flyover, whether from Anjalee point to beyond Jhalupara on the Shillong-Guwahati road or from Barik point to Jhalupara, would commence soon. It is hoped that the extent of the flyover is decided upon as expeditiously as possible by all concerned, including NHIDCL and the State…
“Once the work on the flyover is likely to commence, the trees necessary to be felled for such purpose may be felled upon obtaining clearance from the appropriate authorities in accordance with law,” a division bench of Chief Justice Sanjib Banerjee and Justice B Bhattacharjee said in an order.
The order further said the pendency of the matter before the court or the previous orders of the court restraining the felling of trees would not operate at such stage.
Similarly, once the work on the stretch leading up to Upper Shillong is about to commence upon the land now in the possession of IIG being obtained by the State or NHIDCL, the 39 trees which may be required to be felled may also be felled upon obtaining necessary clearance in accordance with law and the pendency of this petition or the previous directions injuncting the felling of trees would not operate at such stage, the order said.
It said all that is required to be done is to ensure that the trees are felled only if necessary for the project to be undertaken or completed and to ensure that the trees are not felled in advance and the project abandoned or altered thereafter, the court said, hoping that for felling the trees that may be absolutely unavoidable, new trees will be planted elsewhere.
According to the court, the appropriate authority obtaining permission for the felling of trees will be responsible for monitoring the growth of the trees planted, at least for two years, to ensure that the saplings survive the initial period and grow sufficiently to live to become the bigger trees which are proposed to be felled.
The government and the NHIDCL were directed to ensure that the work on the four other packages is undertaken and completed as expeditiously as possible.
The difficulties faced in alignment or in acquiring land at certain pockets should be resolved with the active intervention of the state government, the court ordered.
“…since the roads would ensure better connectivity in the State and lead to easier communication and transportation, the local bodies, including the Autonomous District Councils, should cooperate with both the State and the NHIDCL in such regard,” the court further said.