In a boost to the ongoing widening of National Highway 40, which connects Shillong to Dawki, the Meghalaya High Court today ordered that the highway expansion project should be completed at the earliest in public interest without cutting the heritage trees near the Eastern Air Command in Upper Shillong.
The division bench of the High Court comprising Chief Justice Biswanath Somadder and Justice Hamarsan S. Thangkhiew today took up the public interest litigation (PIL) filed by city-based lawyer Kaustav Paul on the matter.
During the hearing, the High Court examined the report of the five-member High Powered Committee (HPC) which was constituted by the court on June 30 to suggest before the court viable means to resolve the issue as raised in the PIL without compromising either with conservation of trees (some of which are of considerable heritage) and environment on one hand and development/expansion of the road project on the other.
The HPC had held extensive deliberations on July 3 and July 8 and also visited the site of the project on July 20.
As per the report submitted by the HPC, the National Highway and Infrastructure Development Corporation Limited (NHIDCL) has agreed through an undertaking to execute the project for expansion of National Highway 40 (Shillong to Dawki) without cutting any heritage tree (between Chainage km 6.590 to km 7.360).
As per the undertaking of NHIDCL, around 135 heritage trees falling in the right of way will be saved in pursuance of the understanding reached between all the stakeholders between the Chainage stretch.
NHIDCL was also asked by the HPC to approach the State government for seeking approval for laying down utility infrastructure like water pipeline and telephone lines, etc through reserved forest in terms of general approval of the Government of India under the Forest Conservation Act, 1980 and guidelines of the Ministry of Environment, Forest and Climate Change.
Since transplantation of certain non-heritage trees is not a viable solution as it appears to be costly and cumbersome, the HPC is of the view that compensatory afforestation and strip plantation may be adopted as an effective and viable solution.
After examining the report by the HPC, the High Court said that the highway expansion project “should be completed at the earliest in public interest without cutting the heritage trees as discussed above”.
The High Court also directed NHIDCL and all concerned parties to take steps in the manner as indicated by the HPC in its report. The matter will again come up for hearing in the court on August 9.
