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2026 DAILYLAW 6907 (GAU)

ARKASISH CHALIHA AND ANR v. THE UNION OF INDIA AND 7 ORS.

PIL/22/2026 · 2026-05-25

Arun Dev Choudhury

Public Interest Litigationbody2026

Judgment text

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Page No.# 1/5 GAHC010047922026 2026:GAU-AS:7246-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/22/2026 1: ARKASISH CHALIHA AND ANR S/O SRI. KIRIP CHALIHA R/O H.NO. 248, ZOO ROAD TINIALI GUWAHATI 781026, ASSAM. 2: MAHESH DEKA S/O SRI. DANDIRAM DEKA R/O H.NO. 13 BHAGADUTTAPUR KAHILIPARA GUWAHATI 781019 ASSAM VERSUS 1: THE UNION OF INDIA AND 7 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI 110001. 2:THE MINISTRY OF ENVIRONMENT FORESTS AND CLIMATE CHANGE REPRESENTED BY ITS SECRETARY INDIRA PARYAVARAN BHAWAN JORBAGH ROAD NEW DELHI - 110003. 3:THE STANDING COMMITTEE NATIONAL BOARD FOR WILD LIFE REPRESENTED BY ITS CHAIRPERSON MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN BHAWAN JORBAGH ROAD NEW DELHI - 110003. 4:THE WILDLIFE INSTITUTE OF INDIA REPRESENTED BY ITS DIRECTOR POST BOX NO. 18 CHANDRABANI DEHRADUN 248001 UTTARAKHAND. Page No.# 2/5 5:THE COMMISSIONER AND SECRETARY DEPARTMENT OF ENVIRONMENT FOREST AND CLIMATE CHANGE DISPUR GUWAHATI 781006. 6:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ARANYA BHAWAN PANJABARI GUWAHATI 781037. 7:THE COMMISSIONER AND SECRETARY PUBLIC WORKS ROADS DEPARTMENT DISPUR GUWAHATI 781006. 8:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) REPRESENTED BY ITS CHAIRMAN G- 5 6 SECTOR - 10 DWARKA NEW DELHI 110075 For the Petitioner(s) : Mr. V. Rajkhowa, Advocate. : Mr. A.J. Sarma, Advocate. For the Respondent(s) : Mr. P.N. Goswami, Senior Advocate/ Additional Advocate General, Assam assisted by Mr. I. Kalita, Advocate. : Mr. Debojit Borkakati, Advocate for NHAI (Respondent No.8). : Mr. Girin Pegu, Central Government Counsel. –B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 26.05.2026 (Ashutosh Kumar, CJ) We have heard Mr. V. Rajkhowa, learned Advocate for the petitioners; Mr. P.N. Goswami, learned Senior Advocate/Additional Advocate General, Assam for the State and Mr. Debojit Borkakati, learned Advocate for NHAI/respondent No.8. Mr. Girin Pegu, learned Central Government Counsel is present. This Public Interest Litigation by two citizens of Assam is directed against the manner of execution of the Guwahati Ring Road Project, a Page No.# 3/5 massive 121 Kilometer highway project, costing approximately Rs.5,729 Crores, which is proposed to be constructed by National Highway Authority of India (NHAI). The petitioners have urgently approached this Court looking at the need for protecting the environment. When the matter was taken up on 08.04.2026, it was urged on behalf of the petitioners that in principle, there is no opposition to the launching of the project, keeping in kind the necessity of the bypass road for traffic management and also for saving the animal corridor. It was reiterated by the petitioners that there is a strong necessity of construction of the Ring Road but at the same time, the importance of preservation of the Sanctuary would be necessary as it is home to many species of animals. The area, which would be affected for implementation of the project, would also cover forests and neighbouring elephant corridor. The records reveal that the Standing Committee of the National Board for Wildlife has given the approval for the project but the same has been made conditional, requiring a full impact study and certain proscriptions of night constructions etc. Mr. P.N. Goswami, learned Senior Advocate/Additional Advocate General, Assam has informed this Court that the mandatory forest clearance under the Forest (Conservation) Act, 1980 has been granted by the Central Government. He has further submitted that though the Divisional Forest Officer, Guwahati Wildlife Division had issued an e-tender for selecting a contractor for felling trees inside the Sanctuary for widening of the road but it was only for the purpose of Page No.# 4/5 selecting a contractor for the work and not for starting the work immediately without taking into account the impact study by either Wildlife Institute of the country or any other specialized agency. In support of such submission, Mr. Goswami has drawn the attention of this Court to a communication made by the Director of the Wildlife Institute of India to the Principal Chief Conservator of Forests, Wildlife & Chief Wildlife Warden, Assam, which indicates that the Wildlife Institute of India has been commended to conduct the study to assess the impact of the project and prescribed mitigation measures. Through the letter, it has also been informed that the DPR and relevant file from Guwahati has been received by the Wildlife Institute and very shortly, technical and financial proposal for the study would be prepared within a period of two weeks, whereafter the study shall be conducted and a report shall be submitted within 90 (ninety) days of receipt of the funds in that regard, which fund shall be made available by the NHAI. Mr. Debojit Borkakati, learned Advocate for the NHAI (respondent No.8) has submitted that there shall be no delay in the release of the funds for conducting such impact study. Mr. Goswami has further assured this Court that no trees shall be felled before the impact study is made available and every effort shall be made to maintain and preserve the wildlife while executing the Project. All the proscriptions and advisories shall be followed. With such disclosure and undertaking by the State and the NHAI, the executing agency, we do not consider it necessary to continue with this Public Interest Litigation any further. Page No.# 5/5 This petition thus is disposed off with the hope and trust that every care shall be taken to protect the environment and simultaneously carry out the project as expeditiously as possible. JUDGE CHIEF JUSTICE Comparing Assistant