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2025 DAILYLAW 5009 (GAU)

Empalo Mena and 2 Ors. v. THE UNION OF INDIA and 9 Ors.

PIL/19/2023 · 2025-04-28

Kardak Ete

Public Interest Litigationbody2025

Judgment text

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Page No.# 1/4 GAHC040015632023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : PIL/19/2023 Empalo Mena and 2 Ors. S/o Late Baloma Mena, R/o Village Singa, P.O Tuting, P.S Tuting, District Upper Siang, Arunachal Pradesh. 2: Moko Umbrey Age: Occupation : S/o Late Moina Umbrey R/o Village Simuge P.O Tuting P.S Tuting District Upper Siang Arunachal Pradesh. 3: Jomin Umbrey Age: Occupation : S/o Late Poka Umbrey R/o Village Silidu P.O Tuting P.S Tuting District Upper Siang Arunachal Pradesh VERSUS THE UNION OF INDIA and 9 Ors. Represented by the Secretary to the Government of India, Ministry of Defence, 5-A South Block, New Delhi 110011 2:The General Officer Commanding-in-Chief Age: 0 Occupation : Page No.# 2/4 (GOC-in-Chief) Indian Army Eastern Command Fort Williams Kolkata West Bengal. 3:Border Roads Organisation Age: 0 Occupation : Represented by its Director General (Under Ministry of Defence) Seema Sadak Bhawan Ring Road Naraina Delhi Cantt New Delhi 110010 4:The Ministry of Road Transport Age: 0 Occupation : Represented by its Secretary Transport Bhawan 1 Room No. 501 Parliament Street New Delhi. 5:THE STATE OF AP Age: 0 Occupation : Represented by the Chief Secretary to the Government of Arunachal Pradesh Itanagar Arunachal Pradesh. 6:The Deputy Commissioner Age: 0 Occupation : Upper Siang Yingkiong Arunachal Pradesh. 7:The Additional District Magistrate Age: 0 Occupation : Tuting District Upper Siang Arunachal Pradesh. 8:The Chief Engineer Age: 0 Occupation : Border Roads Organisation Project Brahmank (Pasighat) Border Road Organisation Ministry of Road Transport (MoRT) Pasighat Page No.# 3/4 Arunachal Pradesh. 9:The Commanding Officer Second in Command 8 Martha Light Infantry Age: 0 Occupation : Tuting District Upper Siang Arunachal Pradesh. 10:The Officer Commanding 1448 Bridge Construction Company Tuting Age: 0 Occupation : District Upper Siang Arunachal Pradesh Advocate for the Petitioners : Mr. M. Khataniar, Advocate (through video-conferencing) Advocate for the Respondents : Mr. R.H. Nabam, Addl. A.G., Arunachal Pradesh, Mr. M. Kato, D.S.G.I – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KARDAK ETE 29-04-2025 (Vijay Bishnoi, C.J.) This PIL petition is filed by the petitioner with the prayer to direct the respondent authorities to immediately act upon the original alignment of the road in respect of Tuting-Yartung-Ekunji-Emra-Valley-Kangri-Karpola (56 Km) and upgradation to two lane specification as per approval and policies of Ministry of Defence, Indian Army and Border Roads Organisation. It is also prayed that the respondent authorities be directed to complete the construction of the road as early as possible keeping in view of the national security and defence of the nation and not to make any change in the original alignment of the road in respect of Tuting-Yartung-Ekunji-Emra-Valley-Kangri-Karpola (56 Km) Page No.# 4/4 and upgradation to two lane specification. On 03.10.2024, learned Deputy Solicitor General of India placed before this Court the revised alignment sketch map and submitted that the authorities had already finalised and approved the second alignment for construction of the road in question. In view of the fact that the second alignment has already been finalised and approved, we are of the view that the relief prayed for in this PIL petition cannot be granted. Hence, no further order is required to be passed in this PIL petition and, therefore, the same is disposed of. JUDGE CHIEF JUSTICE Comparing Assistant