HARENDRA NATH ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) This PIL is filed by the villagers of Kismat Hasdaha Part-II, III and Debottar Hasdaha Part- IV. These villagers claim to be the cultivators and social workers. The grievance of the petitioners raised before this Court by way of PIL is directed towards the change/alteration of the alignment of a portion of the National Highway No. 127(B) from its original alignment. The petitioners represented before the Deputy Commissioner, Dhubri and the National Highway Authorities. However, their representations not being attended to, the petitioners have approached this Court by filing the instant PIL seeking Writ in the nature of Mandamus and/or any other appropriate Writ, Order or Direction, directing the respondents not to divert the scheme of National Highway No. 127(B) from the earlier survey conducted in the year 2012 which if permitted will cause heavy loss and injury to the General Public including the villagers of Kismat Hasdaha Part-II, III and Debottar Hasdaha Part- IV. A further prayer made suspending for all operations of the respondents in connection with a diversion of alignment of National Highway No. 127(B) from the bridge of Shulibhangi to Dhelkhowa.

(2.) The National Highway Authorities, pursuant to a survey conducted in the year 2012 for construction of National Highway No. 127(B) demarcated the portion/area through which the National Highway was proposed to be constructed. The said area was earlier maintained by Assam PWD (NH Works), Government of Assam. Thereafter vide Gazette Notification bearing No. S.O.3866 (E) dtd. 8/12/2017, the stretch of National Highway No. 127(B) was handed over to the National Highway Authority. A feasibility of study was conducted through the Consultant Company, CE Testing Company Private Limited in the year 2015, feasibility Study/preparation of the DPR. The feasibility study conducted two alignments in the particular area in question;

(3.) The comparative study between the Alignment Option- I (Newly proposed Bypass Alignment) and Alignment Option-II (Follow the existing National Highway) as submitted by the DPR Consultant, is available in the affidavit filed by the NHIDCL is extracted below for convenience:-