HC disposes of PIL plea on NOC for 2-lane road

SHILLONG, JAN 29: The Meghalaya High Court has disposed of a PIL against the delay by the Khasi Hills Autonomous District Council (KHADC) to issue No-objection certificate (NOC) for upgradation of the Nongstoin-Wahkaji-Domiasiat-Mawthabah road into two-lane under the SARDP-NE.

In its judgment passed on Thursday, the division bench comprising of Chief Justice Biswanath Somadder and Justice HS Thangkhiew said that considering the facts and circumstances culled out from the miscellaneous application filed by the General Manager (Project) of NHIDCL, it appears that the construction of the two roads have been handed over to the state of Meghalaya.

“As such, a mandatory direction for issuance of No Objection Certificate by the Khasi Hills Autonomous District Council for the purpose of construction of the two roads by NHIDCL has become redundant by efflux of time,” it said while disposing of the petition.

The PIL was filed by the Joint Action Committee on Two Lanes Road Nongstoin-Mawthabah in 2016 requesting the Court to direct the KHADC to issue NOC for upgradation of the road under Special Accelerated Road Development Programme for North-East (SARDP-NE).

The petitioner had informed the General Manager (Project) of NHIDCL that some sections of NGOs have expressed their unwillingness for construction of the road project on the apprehension that the motive behind the construction of this road is only to facilitate uranium mining and not for any public purpose.

However during the pendency of the writ petition, a direction was issued by the Ministry of Road Transport & Highways, Government of India, vide letter dated 20th August, 2019, addressed to the General Manager (Project) of NHIDCL, wherein it was communicated that on a VIP reference of the Chief Minister of Meghalaya regarding implementation of New Road Project in the State of Meghalaya, the competent authority has approved that the project be handed over to the State of Meghalaya for development, including the two roads in question.

The General Manager (Project) of NHIDCL, in his miscellaneous application has annexed copies of the letter dated 20th August, 2019, as well as the letter issued by the Chief Engineer (NH), PWD (Roads), Meghalaya, Shillong dated 27th September, 2019 addressed to the General Manager (Project) of NHIDCL, requesting for transfer of the road documents of the project to the State PWD and a letter dated 18th October, 2019 which was issued by the applicant, namely, General Manager (Project) of NHIDCL, which indicates handing/taking over of the two roads in question together with DPRs and Utility Shifting estimate relating to the said two roads.

By Our Reporter