Page No.# 1/3 GAHC010100902023 2026:GAU-AS:4144 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/38/2023 TAPAN TIMUNG S/O- SRI HARSING TIMUNG, R/O- NO. 1 TOKHADI, P.O. DOYANGMUKH, P.S. KHERONI, DIST. WEST KARBI ANGLONG, ASSAM, PIN- 782448. VERSUS 1: THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT OF ASSAM, PWD (ROADS) DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM 2:THE SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM PWD (B AND NH) DEPARTMENT DISPUR GUWAHATI ASSAM PIN- 781006. 3:KARBI ANGLONG AUTONOMOUS COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY DIPHU KARBI ANGLONG ASSAM PIN- 782460. 4:THE CHIEF ENGINEER PWD (ROADS) CHANDMARI GUWAHATI ASSAM PIN- 781003. 5:THE CHIEF ENGINEER PWD (NH WORKS) CHANDMARI GUWAHATI ASSAM PIN- 781003. 6:THE EXECUTIVE ENGINEER PWD DIPHU ROADS DIVISION DIPHU KARBI ANGLONG ASSAM PIN- 782460. 7:THE EXECUTIVE ENGINEER, PWD BAKULIA NH DIVISION DIPHU KARBI ANGLONG ASSAM PIN- 782460. 8:ANUPAM NIRMAN PVT. LTD. BHASKAR NAGAR BYE-LANE NO. 02 ZOO NARENGI ROAD GUWAHATI DISTRICT- KAMRUP (M) PIN-781021 Page No.# 2/3 For the Petitioner(s) : Mr. S. Borthakur, Advocate. Ms. P. Borah, Advocate. For the Respondent(s) : Mr. D. Nath, Standing Counsel, Public Works Department for respondent Nos.1, 2, 4 & 5. : Ms. S. Kemprai, Standing Counsel, Karbi Anglong Autonomous Council for respondent Nos.3, 6 & 7. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 23.03.2026 (Ashutosh Kumar, CJ) We have heard Mr. S. Borthakur, learned Advocate for the petitioner and Mr. D. Nath, learned Standing Counsel, Public Works Department for respondent Nos.1, 2, 4 & 5. An objection was raised that the construction of the 1.4 Km long four-lane flyover on NH-329 at Diphu was begun without resorting to proper tender process. That apart, it was further pointed out that despite the work having been started long time back, only 70% of the construction was made at the time of filing of the instant writ petition. However, Mr. D. Nath, learned Standing Counsel, PWD, through the affidavit filed on behalf of the Public Works Department, submitted that the allegation of the work having begun without following the tender procedure was incorrect. After a decision was taken to construct the four-lane flyover at Diphu, a tender was floated, attracting two of the bidders, out of whom the contractor was made the concessionaire, who bagged the contract. As on date, according to the information provided to Mr. Nath, the flyover has been completed and has been opened to public. However, some part of the approach road, the drain and parking Page No.# 3/3 area are still to be finished. However, with those works unfinished also, the flyover is being used by the public at large. The unfinished work is to be completed latest by 30.04.2026. In that view of the matter, we do not wish to go further into the purity of the tender process and the selection of the contractor for the afore-noted work. We, therefore, close this petition with the expectation that by 30.04.2026, all works shall be completed so that the citizenry is not inconvenienced in any manner. The public interest litigation stands disposed off. JUDGE CHIEF JUSTICE Comparing Assistant