GUWAHATI, India, Nov. 24 -- Gauhati High Court issued the following order on Oct. 24:

1. We have heard Mr. A. Kashyap assisted by Mr. S.K. Deuri, learned Advocates for the petitioners; Mr. B.D. Goswami assisted by Mr. A. Chandran, learned Advocates for respondent Nos.1, 2 and 4 as well as Mr. A. Hussain for respondent Nos.3 and 6.

2. This contempt petition has been filed for the non-compliance of the judgment and order dated 18.09.2014 passed in PIL No.101/2013, wherein the respondents were directed to take up the project for widening and constructing the road as per the proposal sent to the Ministry of Road Transport and Highways (in short, "MoRTH") within a period of 2(two) years. The project related to the construction of Sedde-Pakro Section of the road.

3. The PIL judgment emphasized that it should be completed along with the Sedde-Pakro approved road project as it would improve the connectivity. The contentions of the petitioners is that despite clear direction issued by the Court, the same was not done. The allegation is that the directions were ignored.

4. We have perused the judgment and order dated 18.09.2014 passed in PIL No.101/2013.

5. The Bench had found, after going through the pleadings and hearing the parties, that the PIL lacked merit in seeking abandonment of new design and new alignment. However, while disposing off the PIL petition, it was observed that there was a dire necessity of improving the BRO road existing in the villages for the purposes of having a better connectivity of the township as well as to the approach road to the Highway between Sedde-Pakro. Since the move made by the Arunachal Pradesh Government regarding improving and upgrading the BRO road as a National Highway was not accepted by the MoRTH, the Bench had directed the Arunachal Pradesh Government to widen the BRO road as per the earlier proposal sent to the MoRTH, thereby providing better connectivity to the township. While saying so, the Court had taken note of the fact that for the aforesaid purpose, the State of Arunachal Pradesh had acquired lands for widening the BRO road and compensation had also been paid to the land owners.

6. The petitioners, however, admit that the new alignment proposal was followed and the project was completed in all respects, with which now they do not have any objection. However, the present contempt petition has been filed for non-execution of the directions issued by the Bench for widening a sector of the Sedde-Pakro road which fell in the old alignment for which land had been acquired.

This sector is of 31 Kilometres which, according to the petitioners, has been left out without any cogent reason.

7. The affidavit filed on behalf of the respondent No.2/Commissioner, PWD, Government of Arunachal Pradesh indicates that the proposed alignment for Trans-Arunachal Highway from NechipuHoj was approved by the Chief Engineer (P10), MoRTH and subsequently, the work was awarded to Sushee-IVRCL Arunachal Highway Limited.

After the award of the work, the actual land survey, design and drawing were approved by the concessionaire as also by the Authorities.

Based on the approved design, drawing and site plan of concessionaire, the project was carried out but the original BRO road stretch from Sedde-Pakro for a length of 31 Kilometres was by-passed and left out. The assessment for the acquisition of land and compensation was made only for the new and shorter alignment between the Sedde-Pakro for a length of 15.83 kilometres, which stands completed in all respects.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1dy9yub%2F0anGdXA54XRvgh3hPqC3HsdAC19fY%2BPqOwqqs&caseno=Cont.Cas(C)/458/2020&cCode=1&cino=GAHC010135252020&state_code=6&appFlag=)

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