Gauhati High Court
Page No.# 1/16 vs Gitika Bhattacharjya on 5 March, 2025
Page No.# 1/16
GAHC010046552025
2025:GAU-AS:2320
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/643/2025
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
DISPUR, GUWAHATI-6
2: THE PUBLIC WORKS
AND N.H.DEPTT. REPRESENTED BY ITS SPECIAL COMMISSIONER AND
SPECIAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS
BUILDING AND NH DEPTT. DISPUR
GUWAHATI
VERSUS
GITIKA BHATTACHARJYA
WO SAILEN BHATTA, DO LATE PABITRA BHATTACHARJYA, RO A 1, TULIP
VILLA, DAKHIN GAON ROAD, KAHILIPARA, KAMRUP
2:JOYSHREE MUNSHI
W/O-SIDDHARTH SINGHAL
R/O- TOWER C2 FLAT NO. 1005 TULIP GRAND APARTMENTS
OPPOSITE O.P. JINDAL GLOBAL UNIVERSITY SECTOR 35 SONIPAT-131029
HARYANA OCCUPATION- ASSTT. PROFESSOR AT UNIVERSITY AND
RESEARCHER IN SOCIAL PSYCHOLOGY
3:RAJARSHI RANJAN NANDY
S/O- SUJIT KUMAR NANDY
R/O- AC 237 STREET NO- 39 ACTION AREA 1
NEW TOWN KOLKOTA-56
BENGAL OCCUPATION-AUTHOR COLUMNIST AN UPASAKA
4:YOGENDRA KHUSHIRAM SHARMA
S/O- KHUSHIRAM SHARMA
R/O- M-55A
ADANI SAMSARA GOLF COURSE EXTENSION ROAD SECTOR 60
GURGAON 122001
Page No.# 2/16
HARYANA
5:AMIT JUMAR JAIN
S/O- ABHAY KUMAR JAIN
R/O- 19 2ND CROSS JALADARSHINI LAYOUT
RMV 2ND STAGE SANJAY NAGAR BENGALURU 94
6:DR EASHA RAMAWAT
D/O-MANOHAR RAMAWAT
R/O- 306 ROMANSQUE CHIKOTI GARDENS BEGUMPET
HYDERABAD-16
TELAMGAMNA OCCUPATION-DOCTOR
OPTHALMOLOGIST
7:NITIKA SHARMA
D/O- NAVEEN KUMAR SHARMA R/O- 23 BANK COLONY
NEW JAWAHAR NAGAR JALANDHAR
PUNJAB. OCCUPATION- ASTROLOGER
8:RAMANJANEYALU RAMAKRISHNA VALMIKI
S/O- A. RAMAKRISHNA
R/O- 47 SUNCITY HERITAGE NEAR SHABARI NAGAR KUSUGAI ROAD
HUBLI-23
KARNATAKA OCCUPATION-DIRECTOR-HIBISCUS NEOTECH PVT.LTD
9:ISHANI BASU RAY
D/O- JAYANTA BASU RAY
R/O- 26/S/A
BLOCK B NEW ALIPORE KOLKATA-53 BENGAL
10:PRUTHVI M E
S/O- EREGOWDA M.P R/O- 5467 2ND FLOOR 8TH CROSS KANAK DASA
NAGARA DATTAGALLI 3RD STAGE MYSORE-23
KARNATAKA
11:KAPUGANTY VAMSI KIRAN
S/O- SURYA RAO KAPUGANTY R/O- SHREYAS 15-2-6 BEHIND GRAND BAY
HOTEL BESIDE SAIRAM APARTMENT MAHARANIPETA
VISHAKAPATNAM-02 ANDHRA PRADESH
12:D H PAVANKUMAR
S/O- D.S HANUMESH
R/O- 131 A 3RD WARD MAJOR SANDEEP ROAD BAGEPALLI-07
KARNATAKA
13:KANDALA ROHINI
D/O NUTI RAJAGOPAL R/O PLOT NO. 161
DEFENCE COLONY
Page No.# 3/16
SAINIKPURI
P.O. SECUNDERABAD-500094
PROFESSION-CLASSICAL DANCER
14:UNION OF INDIA
REPRESENTED BY THE SECRETARY MINISTRY OF CULTURE
GOVERNMENT OF INDIA 502-C WING SHASTRI BHAWAN NEW DELHI-
110001.
15:MINISTRY OF TOURISM GOVERNMENT
INDIA THROUGH ITS SECRETARY CHAIRMAN OF PRASHAD SCHEME
R.NO. 109 TRANSPORT BHAWAN 1- PARLIAMENT STREET NEW DELHI
110001
16:ARCHEOLOGICAL SURVEY
INDIA THROUGH ITS DIRECTOR GENERAL DHAROHAR BHAWAN 24
TILAK MARG NEW DELHI 110001
17:THE CHAIRMAN PM DEVINE SCHEME SECRETARY
MINISTRY OF DEVELOPMENT OF NORTH EASTERN REGION VIGYAN
BHAWAN ANNEXE MAULANA AZAD ROAD NEW DELHI 110001
18:DEPARTMENT OF CULTURAL
AFFAIRS THROUGH DIRECTOR
DIRECTORATE OF ARCHAEOLOGY
GOVT. OF ASSAM
19:DEPARTMENT OF TOURISM
THROUGH PRINCIPAL SECRETARY GOVT. OF ASSAM
ASSAM SECRETARIAT CIVIL BLOCK F
3RD FLOOR
DISPPUR
GUWAHATI-
Advocate for the Petitioner : DIPANKAR NATH,
Advocate for the Respondent : ,
Linked Case : PIL/12/2024
GITIKA BHATTACHARJYA AND 12 ORS
W/O- SAILEN BHATTA
Page No.# 4/16
D/O- LATE PABITRA BHATTACHARJYA
R/O- A-1
TULIP VILLA
DAKHIN GAON ROAD
KAHILIPARA
KAMRUP (M)
PIN-781019
ASSAM
OCCUPATION- SOCIAL ACTIVIST
AUTHOR
MANAGING DIRECTOR AT SAGIVISH DISTILLARIES PVT. LTD.
2: JOYSHREE MUNSHI
W/O- SIDDHARTH SINGHAL
R/O- TOWER C2
FLAT NO- 1005
TULIP GRAND APARTMENTS
OPPOSITE O.P JINDAL GLOBAL UNIVERSITY
SECTOR 35
SONIPAT-131029
HARYANA
OCCUPATION- ASSTT. PROFESOR AT UNIVERSITY AND RESEARCHER IN
SOCIAL PSYCHOLOGY
3: RAJARSHI RANJAN NANDY
S/O- SUJIT KUMAR NANDY R/O- AC 237
STREET NO- 39
ACTION AREA 1
NEW TOWN
KOLKOTA-56
BENGAL
OCCUPATION-AUTHOR
COLUMNIST AN UPASAKA
4: YOGENDRA KHUSHIRAM SHARMA
S/O- KHUSHIRAM SHARMA
R/O- M-55/A
ADANI SAMSARA
GOLF COURSE
EXTENSION ROAD
SECTOR 60
GURGAON-122001
HARYANA
Page No.# 5/16
OCCUPATION-SENIORMANAGEMENT POSITION WITH AN INDIAN
SUBSIDIARY OF JAPANESE MULTINATIONAL COMPANY
5: AMIT JUMAR JAIN
S/O- ABHAY KUMAR JAIN
R/O- 19
2ND CROSS
JALADARSHINI LAYOUT
RMV 2ND STAGE
SANJAY NAGAR
BENGALURU -94
KARNATAKA
OCCUPATION-SALES IT H/W
6: DR. EASHA RAMAWAT
D/O- MANOHAR RAMAWAT
R/O- 306
ROMANSQUE
CHIKOTI GARDENS
BEGUMPET
HYDERABAD-16
TELAMGAMNA
OCCUPATION-DOCTOR- OPTHALMOLOGIST
7: NITIKA SHARMA
D/O- NAVEEN KUMAR SHARMA
R/O- 23
BANK COLONY
NEW JAWAHAR NAGAR
JALANDHAR
PUNJAB.
OCCUPATION- ASTROLOGER
8: RAMANJANEYALU RAMAKRISHNA VALMIKI
S/O- A RAMAKRISHNA
R/O- 47 SUNCITY HERITAGE
NEAR SHABARI NAGAR
Page No.# 6/16
KUSUGAI ROAD
HUBLI-23
KARNATAKA
OCCUPATION-DIRECTOR- HIBISCUS NEOTECH PVT.LTD
9: ISHANI BASU RAY
D/O- JAYANTA BASU RAY
R/O- 26/S/A
BLOCK B
NEW ALIPORE
KOLKATA-53
BENGAL
10: PRUTHVI M.E
S/O- EREGOWDA M.P
R/O- 5467
2ND FLOOR
8TH CROSS
KANAK DASA
NAGARA
DATTAGALLI 3RD STAGE
MYSORE-23
KARNATAKA
11: KAPUGANTY VAMSI KIRAN
S/O- SURYA RAO KAPUGANTY
R/O- SHREYAS 15-2-6
BEHIND GRAND BAY HOTEL
BESIDE SAIRAM APARTMENT
MAHARANIPETA
VISHAKAPATNAM-02
ANDHRA PRADESH
12: D.H PAVANKUMAR
S/O- D.S HANUMESH
R/O- 131 A
3RD WARD
MAJOR SANDEEP ROAD
BAGEPALLI-07
KARNATAKA
Page No.# 7/16
13: KANDALA ROHINI
D/O- NUTI RAJAGOPAL
R/O- PLOT NO-161
DEFENCE COLONY
SAINIKPURI
P.O- SECUNDRABAD-94
VERSUS
UNION OF INDIA AND 7 ORS
THROUGH SECRETARY
MINISTRY OF CULTURE
GOVT. OF INDIA
502-C WING
SHASTRI BHAWAN
NEW DELHI-01
2:MINISTRY OF TOURISM
GOVT. OF INDIA
THROUGH ITS SECRETARY
CHAIRMAN OF PRASHAD SCHEME
R. NO-109
TRANSPORT BHAWAN
1- PARLIAMENT STREET
NEW DELHI-01
3:ARCHEOLOGICAL SURVEY OF INDIA
THROUGH ITS DIRECTOR GENERAL
DHAROHAR BHAWAN
24 TILAK MARG
NEW DELHI-01
4:THE CHAIRMAN
PM DEVINE SCHEME
SECRETARY
MINISTRY OF DEVELOPMENT OF NORTH EASTERN REGION
VIGYAN BHAWAN
ANNEXE
MAULANA AZAD ROAD
NEW DELHI-11
5:THE STATE OF ASSAM
THROUGH ITS CHIEF SECRETARY
Page No.# 8/16
GOVERNMENT OF ASSAM
BLOCK-C
3RD FLOOR
ASSAM
SACHIVALAYA
DISPUR
GUWAHATI-06
6:PUBLIC WORKS (BUILDING AND NATIONAL HIGHWAY) DEPTT.
THROUGH ITS SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO
THE GOVT OF ASSAM
BLOCK B
GROUND FLOOR
ASSAM SECRETARIAT
DISPUR
GUWAHATI-06
7:DEPARTMENT OF CULTURAL AFFAIRS
THROUGH DIRECTOR
DIRECTORATE OF ARCHAEOLOGY
GOVT. OF ASSAM
GOPINATH BORDOLOI ROAD
AMBARI
GUWAHATI ASSAM
PIN-781001
8:DEPARTMENT OF TOURISM
THROUGH PRINCIPAL SECRETARY
GOVT. OF ASSAM
ASSAM
SECRETARIAT (CIVIL)
BLOCK F
3RD FLOOR
DISPUR
GUWAHATI-06
ASSAM
------------
Advocate for : MR. D DOLEY
Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND 7 ORS
Linked Case : WP(C)/2700/2024
Page No.# 9/16
NAVAJYOTI SARMA
SON OF LATE TRILOCHAN SARMA
RESIDENT OF KAMAKHYA MANDIR
GUWAHATI- 781010
DISTRICT- KAMRUP(METROPOLITAN)
ASSAM.
VERSUS
UNION OF INDIA AND 9 ORS
REPRESENTED BY THE SECRETARY
MINISTRY OF CULTURE
GOVERNMENT OF INDIA
502-C WING
SHASTRI BHAWAN
NEW DELHI- 110001.
2:MINISTRY OF TOURISM
GOVERNMENT OF INDIA
THROUGH ITS SECRETARY
CHAIRMAN OF PRASHAD SCHEME
R.NO. 109
TRANSPORT BHAWAN
1- PARLIAMENT STREET
NEW DELHI
110001.
3:ARCHEOLOGICAL SURVEY OF INDIA
THROUGH ITS DIRECTOR GENERAL
DHAROHAR BHAWAN
24 TILAK MARG
NEW DELHI 110001.
4:THE CHAIRMAN
Page No.# 10/16
PM DEVINE SCHEME
SECRETARY
MINISTRY OF DEVELOPMENT OF NORTH EASTERN REGION
VIGYAN BHAWAN ANNEXE
MAULANA AZAD ROAD
NEW DELHI 110001.
5:THE STATE OF ASSAM
THROUGH ITS CHIEF SECRETARY
GOVERNMENT OF ASSAM
BLOCK-C
3RD FLOOR
ASSAM SACHIVALAYA
DISPUR
GUWAHATI- 781006.
6:PUBLIC WORKS (BUILDING AND NATIONAL HIGHWAY) DEPARTMENT
THROUGH ITS SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO
THE GOVERNMENT OF ASSAM
BLOCK B
GROUND FLOOR
ASSAM SECRETARIAT
DISPUR
GUWAHATI- 781006.
7:DIRECTOR OF ARCHAEOLOGY
ASSAM
GOVERNMENT OF ASSAM
GOPINATH BORDOLOI ROAD
AMBARI
GUWAHATI
ASSAM
781001.
8:DEPARTMENT OF CULTURAL AFFAIRS
THROUGH ITS DIRECTOR
Page No.# 11/16
DIRECTORATE OF ARCHAEOLOGY
GOVERNMENT OF ASSAM
GOPINATH BORDOLOI ROAD
AMBARI
GUWAHATI
ASSAM
781001.
9:DEPARTMENT OF TOURISM
THROUGH PRINCIPAL SECRETARY
GOVERNMENT OF ASSAM
ASSAM SECRETARIAT (CIVIL)
BLOCK-F
3RD FLOOR
DISPUR
GUWAHATI-781006
ASSAM.
10:LARSEN AND TOUBRO LIMITED
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR
AND HAVING ITS OFFICE AT MOUNT POONAMALEE ROAD
MANAPAKKAM
CHENNAI- 600089
TAMIL NADU.
------------
Advocate for : MR. K P PATHAK
Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND 9 ORS
Page No.# 12/16
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 05.03.2025 (Vijay Bishnoi, CJ) The matter comes upon for consideration of the instant interlocutory application being IA(c)643/2025, wherein, the applicant State has prayed that the State authorities and the EPC contractor be allowed to continue with the ancillary works, viz. development of holding ground for providing pilgrimage facility at Bangshibagan as well as to develop and improve the existing alternate route for passage of pilgrims.
It is to be noted that the connected PIL being PIL 12/2024 and the connected writ petition being WP(c)2700/2024 are filed on behalf of the petitioners, herein, raising a concern that the proposed construction of Maa Kamakhya Temple Access Corridor under the PM-DeVINE scheme would likely to cause harm to the holy streams flowing through the sanctum sanctorum of Maa Kamakhya Temple.
This Court, noticing the concern raised in the above-noted petitions; has issued orders from time to time, directing the applicants State to seek expert opinion from the experts to remove any doubt which may, either, affect the sanctum sanctorum, or, which may affect the flow of streams in the Maa Kamakhya Temple.
Pursuant to the same; it is stated by the State Government that they have already engaged the Indian Institute of Technology, Guwahati, for Page No.# 13/16 seeking expert opinion and in that process, National Institute of Hydrology, Roorkee, is also engaged and the process of seeking expert opinion is going on.
The applicant State has now filed this interlocutory application with a prayer to allow them to proceed with the ancillary works, as mentioned-above.
In the instant interlocutory application; the applicant State has specifically stated that the ancillary works which is proposed to be carried-out is, neither, included in the Maa Kamakhya Temple Access Corridor Project, nor, it is going to affect the Maa Kamakhya Temple, in any manner.
It would be appropriate to quote the relevant portion of the averments made in this interlocutory application preferred on behalf of the applicant State, wherein, they have explained about the nature of the ancillary works, proposed to be carried-out:
"6. That the applicants respectfully state that thereafter the National Institute of Hydrology, Roorkee has started the testing work at project site and the Contractor by their letter dated 1.3.2025 has informed the applicants that major portion of the Geophysical and Hydrogeological Investigation has been completed including EVRI and isotope sampling. The remaining investigations such as GPR are scheduled for March, 2025 and the final reports will be submitted as per the planned timeline. By the aforesaid letter dated 1.3.2025 the Contractor has also proposed to execute some site works simultaneously during continuation of the investigation work, which would not affect the Maa Kamakhya Temple premises in any manner. The Contractor has proposed to execute the work of development of holding ground for providing Pilgrimage facility at Bangshibagan area which is at a distance of about 400 Meter from the construction zone of the Maa Kamakhya Temple premises and proposed Access Corridor, and, work of development of the alternate route, to utilised for Pilgrimage during execution of the construction work.
7. That the applicants respectfully state that from the investigation conducted by the specialized agency so far the applicants have come to know that there is every possibility that there will be no hindrance in going ahead with the project in question and the report of the investigation/survey will be submitted soon as stated above.
Page No.# 14/16
8. That in the aforementioned circumstances, leave is sought from the Hon'ble Court to the allow the State Authorities and the EPC Contractor to proceed with the ancillary works namely development of holding ground for providing pilgrimage facility at Bangshibagan which is situated at a distance beyond 400 Meter from the actual Maa Kamakhya Temple Access Corridor and Maa Kamakhya Temple. The development of said ground for providing pilgrimage facilities is essential for the purpose of execution of the project work as and when it starts. Furthermore, leave is also sought to develop and improve the existing alternate route for passage of pilgrimage which will be essential during execution of the project work, in the event the outcome of the Hydrogeological and Geophysical Investigation result is in favour for execution of the Maa Kamakhya Temple Access Corridor. This route will be essential for movement of the pilgrims to and fro from the temple at the time of execution of the work of Maa Kamakhya Temple Access Corridor.
It is stated that the aforesaid alternate route is also beyond the boundary of the Maa Kamakhya Access Corridor and it is located at different direction from the proposed site of the Access Corridor project. Moreover, the alternate route is in existence in delipidated condition and its repairing and improvement is sought to be done which will be minor and cosmetic in nature for smooth passage of pilgrimage without affecting the Maa Kamakhya Temple premises including the area earmarked for Maa Kamakhya Temple Access Corridor project.
9. That this leave is sought from the Hon'ble Court as in an earlier occasion undertaking was given before this Hon'ble Court by the State Authorities to the effect that no work will be done until the completion of the study of Hydrogeological and Geophysical Investigation. It is further reiterated that the leave sought for development of the holding ground at Bangshibagan and the existing alternate route is only for the purpose of facilitating the Maa Kamakhya Temple Access Corridor Project work.
The State most humbly gives a solemn undertaking before this Hon'ble Court that only if the final outcome of the Hydrogeological and Geophysical Investigation result is in a positive manner permitting execution of the proposed project, then only the State shall proceed with the work of Maa Kamakhya Temple Access Corridor project and otherwise not.
10. That great irreparable loss and injury would be caused to the applicants if the applicants are not allowed to execute the ancillary works namely development of holding ground for providing pilgrimage facility at Bangshibagan and to develop and improve the existing alternate route for passage of pilgrimage as mentioned above as the same is not going to hamper the Maa Kamaphya Temple and other adjacent temples within the project area in any manner. Therefore, this is a fit case wherein the Hon'ble Court would be pleased to allow / grant leave to the applicants to proceed with the execution of the aforementioned works."
Learned counsels appearing for their respective petitioners in PIL 12/2024, as well as in WP(c)2700/2024; have stated that since the report from the National Institute of Hydrology, Roorkee, is awaited, the applicant Page No.# 15/16 State be not allowed to execute any work, even ancillary works, after receipt of the said report.
It is also contended by the learned counsels for the petitioners that in the garb of any permission granted by this Court; the applicant State can start the work related to Maa Kamakhya Temple Access Corridor Project and in such a situation; the purpose of filing these 2(two) petitions i.e. PIL 12/2024 and WP(c)2700/2024, would be frustrated.
Having heard the learned counsels appearing for the parties and after going through the contents of the instant interlocutory application; we are of the considered view that this interlocutory application can be disposed of by permitting the applicant State to execute the ancillary works without affecting the work of Maa Kamakhya Temple Access Corridor Project, or, the Maa Kamakhya Temple, only, to provide facilities to the pilgrims and to construct an alternate route for passage of pilgrims which may be used in case the project starts.
It is also to be noticed that as per the averments made in this interlocutory application; the alternate route is already in existence, but, in a dilapidated condition.
In view of the above; we, therefore, deem it appropriate to dispose of this interlocutory application by granting permission to the applicant State to execute the ancillary works, particularly, the development of holding ground for providing pilgrimage facility at Bangshibagan and to improve the existing alternate route for passage of pilgrims, as prayed for.
Page No.# 16/16 However, it is made clear that in no manner, whatsoever; the applicant State will take-up construction activities which may, either, affect the Maa Kamakhya Temple, or, the work in respect of Maa Kamakhya Temple Access Corridor Project.
It is hereby, ordered, accordingly.
It is further made clear that after receiving the Hydrogeological & Geophysical investigation report from the National Institute of Hydrology, Roorkee; the applicant State shall produce the same before this Court and thereafter, may start the work in respect of the Maa Kamakhya Temple Access Corridor Project, only, after obtaining approval from this Court.
With the above observations, this interlocutory application stands disposed of.
JUDGE CHIEF JUSTICE Comparing Assistant