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Gauhati High Court Closes PIL Regarding Cutting of Heritage Tree in Assam’s Dighalipukhuri After Government Orders Realignment of Flyover
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Gauhati High Court Closes PIL Regarding Cutting of Heritage Tree in Assam’s Dighalipukhuri After Government Orders Realignment of Flyover

The Gauhati High Court on Wednesday (November 13) disposed of a Public Interest Litigation raising a complaint that the construction of two branches connecting the under-construction elevated road on GNB Road would require old trees in and around the Dighalipukhuri pond, aged about a hundred years or more. be knocked down.

dividing bench Chief Justice Vijay Bishnoi And Justice N. Unni Krishnan Nair observed:

“Given the fact that the State Government has decided to change the alignment of the two tributaries, which may result in felling of trees that are a hundred years old or more, the petitioners in this PIL petition have already corrected.

The PIL raised the issue that the Government Agencies had decided to construct two branches namely Tayabullah Road (390 m) and West Dighalipukhuri Road (250 m) connecting the under construction elevated corridor/road on GNB Road from RBI Office at Ambari to FCI Godown. In Noonmati.

It was claimed that due to the construction of the above-mentioned two branches, old trees of about a hundred years old and above in Dighalipukhuri pond and its surroundings had to be demolished. Concerned about the environment, thousands of Guwahati residents allegedly protested against the survey respondents’ action of chopping down trees that are a hundred years old or more.

With its decision dated 04 November 2024, the Court had previously issued a notice to the defendant states to clarify their stance on the issue.

The affidavit submitted on behalf of the Government of Assam and the Public Works Department stated that the issue was taken up at the highest level and on 05 November 2024, the Chief Minister of Assam announced that the proposed Flyover will be realigned without affecting either side. Dighalipukhuri pond and trees standing on it.

Therefore, the Court noted that since the State Government has decided to change the alignment of the two branches, there is no need to pass any further order in the present PIL.

“Needless to say, if in future the petitioners or any other prudent citizen feels that the position contained in the declaration given by the State has not been complied with, he may be at liberty to approach this Court through appropriate proceedings,” the court said. in question.

Case Title: Mahesh Deka and 2 Ors. v. State of Assam and 5 Ors.

Case No.: PIL/64/2024

Click Here to Read/Download the Order