Page No.# 1/4 vs The Union Of India And 7 Ors
2026 Latest Caselaw 3292 Gua

Gauhati High Court

Page No.# 1/4 vs The Union Of India And 7 Ors on 8 April, 2026

                                                                    Page No.# 1/4

GAHC010047922026




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                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : PIL/22/2026

         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 ASSA

         VERSUS

         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
                                                                       Page No.# 2/4

            CHANDRABANI
            DEHRADUN 248001
            UTTARAKHAND.

            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 appellant/petitioner(s) : Mr. K. N. Choudhury, Sr. Advocate
                                 Mr. V. Rajkhowa, Advocate
                                 Mr. A. J. Sarma, Advocate

For the Respondent(s)          : Mr. S. K. Medhi, CGC

Mr. P.N. Goswami, Addl. AG, Assam

-B E F O R E -

HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY

08.04.2026 (Ashutosh Kumar, CJ)

We have heard Mr. K. N. Choudhury, learned senior Advocate for the petitioners, and Mr. P. N. Goswami, learned Additional Advocate Page No.# 3/4

General, Assam; Mr. S. K. Medhi, learned Central Government Advocate, for the respondents.

This Public Interest Litigation aims at protecting the environment. In principle, the petitioners do not question the Guwahati Ring Road project, a massive 121 Kilometers highway project around the city of Guwahati, with the cost of around Rs. 6000 Crores, to be constructed by the National Highways Authority of India.

It has been pointed out on behalf of the petitioners that a concession agreement has already been signed sometimes in April, 2025 for undertaking and completion of the project, and the work includes a long bypass road requiring widening of the existing roads and construction of a bridge over the Brahmaputra river. As noted above, the necessity for traffic management is not being questioned by the petitioners, but, according to them, the road which has been carved out for construction of the bypass, allegedly cuts through the Amchang Wildlife Sanctuary and the surrounding eco- sensitive zone. While the necessity of construction of the ring-road cannot be denied, at the same time, the importance of preserving the sanctuary can be assessed from the fact that the area is home to elephants, gibbons, leopards, pangolin and other animals. The area also covers other forests and the elephant corridor in the vicinity. It stands admitted in this petition that the Standing Committee of the National Board for Wildlife has given the approval for the project, but such approval is conditional, requiring full impact study, no night- construction, etc. The grievance of the petitioners is that those conditions are not Page No.# 4/4

being properly followed.

The major concern of the petitioners today is that, according to the information they have, the mandatory forest clearance under the Forest (Conservation Act), 1980 (hereinafter referred to as "Act of 1980") has not been granted by the Central Government. However, the Divisional Forest Officer, Guwahati Wildlife Division, has already issued an e-tender for selecting a contractor for felling trees inside the sanctuary. Such action is dubbed as post-haste and if it is allowed to go through, it will cause irreparable damage before any proper scrutiny by the concerned authority is made.

Challenging such contentions, in the first instance Mr. Goswami, learned Additional Advocate General, Assam, has submitted that all clearances, including under the Act of 1980 have been obtained. However, before a detailed response affidavit is filed, he makes a statement that till the next date, the tender in question shall not be finalized.

Let the response affidavit be filed positively by the next date with a copy of the same served on the learned counsel for the petitioner in advance.

Let this matter come up for consideration on 23.04.2026.

                      JUDGE                  CHIEF JUSTICE




Comparing Assistant