Gauhati HC seeks Centre & NHAI to clarify stance on NH 715 alignment
The Gauhati High Court instructed the central government and the National Highways Authority of India (NHAI) to clarify their stance on the alignment of National Highway No. 715, which runs from Kaliabor Tiniali to Numaligarh. This section of NH 715 (formerly NH 37) is undergoing expansion into a four-lane highway. A division bench comprising Chief Justice Vijay Bishnoi and Justice Kaushik Goswami heard arguments in two Public Interest Litigation (PIL) petitions (Nos. 38/2024 and 61/2024) filed by petitioners opposing the approval granted by the authorities for a new alignment of NH 715 during its expansion. The court noted that decisions regarding new highway construction and the widening of existing highways typically fall under the jurisdiction of NHAI experts, and courts usually avoid intervening in such matters while exercising their extraordinary writ jurisdiction. However, counsel for the petitioners argued that the Ministry of Road Transport and Highways (MoRTH) had clearly defined the alignment of NH 715 in its official records. According to MoRTH, NH 715 begins at its junction with NH-15 near Tezpur, connecting Jakhalabandha, Bokakhat, and Jorhat, and terminates at NH-2 near Jhanji in Assam. The petitioners contended that the ongoing expansion deviates from this originally specified alignment. Senior counsel for PIL 38/2024 highlighted a meeting held on October 19, 2024, attended by Assam’s Minister of Transport & Fisheries, NHAI officials, and local representatives. In this meeting, NHAI clarified that the NH 715 expansion was a Brown Field project, involving the upgrading of the existing highway and two bypasses. The petitioners argued that, based on MoRTH’s guidelines, widening an existing highway qualifies as a Brown Field project, while construction along a new alignment is categorized as a Green Field project. They claimed there was no justification for deviating from the original alignment for NH 715's expansion. After reviewing these submissions, the court directed the Union of India and NHAI to respond to the issues raised. It instructed Deputy Solicitor General of India R.K.D. Choudhury and NHAI standing counsel C. Boruah to file their responses within two weeks.
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