The State of Assam and Anr. Vs Gitika Bhattacharjya — Gauhati HC (2025) — LawSathi Research

The State of Assam and Anr. Vs Gitika Bhattacharjya — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory application disposed of: applicant State permitted to execute the ancillary works (development of holding ground for pilgrimage facility at Bangshibagan and improvement of the existing alternate route for pilgrims), on condition that no construction affecting the Maa Kamakhya Temple or the Access Corridor Project is undertaken, and that the NIHL Roorkee investigation report be produced before the Court with the corridor project work commencing only after the Court's approval.

Issue for consideration

Whether the applicant State and the EPC contractor should be permitted to continue with the ancillary works, viz. development of the holding ground for providing pilgrimage facility at Bangshibagan and development/improvement of the existing alternate route for passage of pilgrims, while the expert investigation is in progress. +1 more

Court's answer

The interlocutory application is disposed of by granting the applicant State permission to execute the ancillary works, particularly the development of the holding ground for providing pilgrimage facility at Bangshibagan and the improvement of the existing alternate route for passage of pilgrims, as prayed for.

Ratio / Principle

The permission is subject to the express condition that in no manner whatsoever shall the applicant State take up construction activities which may affect the Maa Kamakhya Temple or the work in respect of the Maa Kamakhya Temple Access Corridor Project.

Key takeaways

After receiving the Hydrogeological & Geophysical investigation report from the National Institute of Hydrology, Roorkee, the applicant State shall produce it before this Court and may start the Maa Kamakhya Temple Access Corridor Project work only after obtaining approval from this Court.ratio¶189

Detailed headnote1 paragraphs

Gauhati High Court, order dated 05.03.2025 in I.A.(Civil)/643/2025, linked to PIL 12/2024 (Gitika Bhattacharjya v. Union of India) and WP(C) 2700/2024 (Navajyoti Sarma v. Union of India), subscribed by Vijay Bishnoi, CJ (bench line also printing Justice N. Unni Krishnan Nair). The State of Assam and the Public Works (Building & NH) Department sought leave, during the ongoing Hydrogeological and Geophysical Investigation (IIT Guwahati engaged; National Institute of Hydrology, Roorkee testing at site), to execute ancillary works connected with the proposed Maa Kamakhya Temple Access Corridor under the PM-DeVINE scheme. The Court disposed of the application by permitting (i) development of the holding ground for a pilgrimage facility at Bangshibagan, stated to lie beyond 400 metres from the temple and the corridor zone, and (ii) repair/improvement of the existing dilapidated alternate pilgrim route. It clarified that no construction activity affecting the Maa Kamakhya Temple or the Access Corridor Project may be taken up, and directed that the NIHL Roorkee report be produced before the Court, with the corridor work to commence only after the Court's approval.

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GAHC010046552025

2025:GAU-AS:2320

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

Case No. : I.A.(Civil)/643/2025

THE STATE OF ASSAM AND ANR

REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-6

2: THE PUBLIC WORKS

AND N.H.DEPTT. REPRESENTED BY ITS SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS BUILDING AND NH DEPTT. DISPUR GUWAHATI

VERSUS

GITIKA BHATTACHARJYA

WO SAILEN BHATTA, DO LATE PABITRA BHATTACHARJYA, RO A 1, TULIP VILLA, DAKHIN GAON ROAD, KAHILIPARA, KAMRUP

2:JOYSHREE MUNSHI

W/O-SIDDHARTH SINGHAL

R/O- TOWER C2 FLAT NO. 1005 TULIP GRAND APARTMENTS

OPPOSITE O.P. JINDAL GLOBAL UNIVERSITY SECTOR 35 SONIPAT-131029 HARYANA OCCUPATION- ASSTT. PROFESSOR AT UNIVERSITY AND RESEARCHER IN SOCIAL PSYCHOLOGY

3:RAJARSHI RANJAN NANDY S/O- SUJIT KUMAR NANDY

R/O- AC 237 STREET NO- 39 ACTION AREA 1

NEW TOWN KOLKOTA-56

BENGAL OCCUPATION-AUTHOR COLUMNIST AN UPASAKA

4:YOGENDRA KHUSHIRAM SHARMA S/O- KHUSHIRAM SHARMA R/O- M-55A

ADANI SAMSARA GOLF COURSE EXTENSION ROAD SECTOR 60 GURGAON 122001

Page No.# 2/16

HARYANA

5:AMIT JUMAR JAIN S/O- ABHAY KUMAR JAIN R/O- 19 2ND CROSS JALADARSHINI LAYOUT RMV 2ND STAGE SANJAY NAGAR BENGALURU 94

6:DR EASHA RAMAWAT D/O-MANOHAR RAMAWAT R/O- 306 ROMANSQUE CHIKOTI GARDENS BEGUMPET HYDERABAD-16 TELAMGAMNA OCCUPATION-DOCTOR OPTHALMOLOGIST

7:NITIKA SHARMA

D/O- NAVEEN KUMAR SHARMA R/O- 23 BANK COLONY NEW JAWAHAR NAGAR JALANDHAR PUNJAB. OCCUPATION- ASTROLOGER

8:RAMANJANEYALU RAMAKRISHNA VALMIKI

S/O- A. RAMAKRISHNA

R/O- 47 SUNCITY HERITAGE NEAR SHABARI NAGAR KUSUGAI ROAD HUBLI-23 KARNATAKA OCCUPATION-DIRECTOR-HIBISCUS NEOTECH PVT.LTD

9:ISHANI BASU RAY D/O- JAYANTA BASU RAY R/O- 26/S/A BLOCK B NEW ALIPORE KOLKATA-53 BENGAL

10:PRUTHVI M E

S/O- EREGOWDA M.P R/O- 5467 2ND FLOOR 8TH CROSS KANAK DASA NAGARA DATTAGALLI 3RD STAGE MYSORE-23 KARNATAKA

11:KAPUGANTY VAMSI KIRAN

S/O- SURYA RAO KAPUGANTY R/O- SHREYAS 15-2-6 BEHIND GRAND BAY HOTEL BESIDE SAIRAM APARTMENT MAHARANIPETA VISHAKAPATNAM-02 ANDHRA PRADESH

12:D H PAVANKUMAR

S/O- D.S HANUMESH

R/O- 131 A 3RD WARD MAJOR SANDEEP ROAD BAGEPALLI-07 KARNATAKA

13:KANDALA ROHINI

D/O NUTI RAJAGOPAL R/O PLOT NO. 161 DEFENCE COLONY

Page No.# 3/16

SAINIKPURI

P.O. SECUNDERABAD-500094 PROFESSION-CLASSICAL DANCER

14:UNION OF INDIA

REPRESENTED BY THE SECRETARY MINISTRY OF CULTURE GOVERNMENT OF INDIA 502-C WING SHASTRI BHAWAN NEW DELHI110001.

15:MINISTRY OF TOURISM GOVERNMENT

INDIA THROUGH ITS SECRETARY CHAIRMAN OF PRASHAD SCHEME R.NO. 109 TRANSPORT BHAWAN 1- PARLIAMENT STREET NEW DELHI 110001

16:ARCHEOLOGICAL SURVEY

INDIA THROUGH ITS DIRECTOR GENERAL DHAROHAR BHAWAN 24 TILAK MARG NEW DELHI 110001

17:THE CHAIRMAN PM DEVINE SCHEME SECRETARY

MINISTRY OF DEVELOPMENT OF NORTH EASTERN REGION VIGYAN BHAWAN ANNEXE MAULANA AZAD ROAD NEW DELHI 110001

18:DEPARTMENT OF CULTURAL AFFAIRS THROUGH DIRECTOR DIRECTORATE OF ARCHAEOLOGY GOVT. OF ASSAM

19:DEPARTMENT OF TOURISM THROUGH PRINCIPAL SECRETARY GOVT. OF ASSAM ASSAM SECRETARIAT CIVIL BLOCK F 3RD FLOOR DISPPUR GUWAHATI-

Advocate for the Petitioner : DIPANKAR NATH,

Advocate for the Respondent : ,

Linked Case : PIL/12/2024

GITIKA BHATTACHARJYA AND 12 ORS W/O- SAILEN BHATTA

Page No.# 4/16

D/O- LATE PABITRA BHATTACHARJYA

R/O- A-1 TULIP VILLA DAKHIN GAON ROAD KAHILIPARA KAMRUP (M) PIN-781019 ASSAM OCCUPATION- SOCIAL ACTIVIST AUTHOR MANAGING DIRECTOR AT SAGIVISH DISTILLARIES PVT. LTD.

2: JOYSHREE MUNSHI W/O- SIDDHARTH SINGHAL R/O- TOWER C2 FLAT NO- 1005

TULIP GRAND APARTMENTS OPPOSITE O.P JINDAL GLOBAL UNIVERSITY SECTOR 35 SONIPAT-131029 HARYANA OCCUPATION- ASSTT. PROFESOR AT UNIVERSITY AND RESEARCHER IN SOCIAL PSYCHOLOGY

3: RAJARSHI RANJAN NANDY S/O- SUJIT KUMAR NANDY R/O- AC 237 STREET NO- 39 ACTION AREA 1 NEW TOWN KOLKOTA-56 BENGAL OCCUPATION-AUTHOR COLUMNIST AN UPASAKA

4: YOGENDRA KHUSHIRAM SHARMA S/O- KHUSHIRAM SHARMA

R/O- M-55/A ADANI SAMSARA GOLF COURSE EXTENSION ROAD SECTOR 60 GURGAON-122001 HARYANA

Page No.# 5/16

OCCUPATION-SENIORMANAGEMENT POSITION WITH AN INDIAN SUBSIDIARY OF JAPANESE MULTINATIONAL COMPANY

5: AMIT JUMAR JAIN S/O- ABHAY KUMAR JAIN

R/O- 19 2ND CROSS JALADARSHINI LAYOUT RMV 2ND STAGE SANJAY NAGAR BENGALURU -94 KARNATAKA

OCCUPATION-SALES IT H/W

6: DR. EASHA RAMAWAT D/O- MANOHAR RAMAWAT

R/O- 306 ROMANSQUE CHIKOTI GARDENS BEGUMPET HYDERABAD-16 TELAMGAMNA

OCCUPATION-DOCTOR- OPTHALMOLOGIST

7: NITIKA SHARMA D/O- NAVEEN KUMAR SHARMA

R/O- 23 BANK COLONY

NEW JAWAHAR NAGAR JALANDHAR PUNJAB. OCCUPATION- ASTROLOGER

8: RAMANJANEYALU RAMAKRISHNA VALMIKI S/O- A RAMAKRISHNA

R/O- 47 SUNCITY HERITAGE

NEAR SHABARI NAGAR

Page No.# 6/16

KUSUGAI ROAD HUBLI-23 KARNATAKA OCCUPATION-DIRECTOR- HIBISCUS NEOTECH PVT.LTD

9: ISHANI BASU RAY D/O- JAYANTA BASU RAY

R/O- 26/S/A BLOCK B NEW ALIPORE KOLKATA-53 BENGAL

10: PRUTHVI M.E S/O- EREGOWDA M.P

R/O- 5467 2ND FLOOR 8TH CROSS KANAK DASA NAGARA DATTAGALLI 3RD STAGE MYSORE-23 KARNATAKA

11: KAPUGANTY VAMSI KIRAN S/O- SURYA RAO KAPUGANTY

R/O- SHREYAS 15-2-6 BEHIND GRAND BAY HOTEL

BESIDE SAIRAM APARTMENT MAHARANIPETA

VISHAKAPATNAM-02 ANDHRA PRADESH 12: D.H PAVANKUMAR S/O- D.S HANUMESH

R/O- 131 A 3RD WARD MAJOR SANDEEP ROAD BAGEPALLI-07 KARNATAKA

Page No.# 7/16

13: KANDALA ROHINI D/O- NUTI RAJAGOPAL

R/O- PLOT NO-161 DEFENCE COLONY

SAINIKPURI P.O- SECUNDRABAD-94 VERSUS

UNION OF INDIA AND 7 ORS THROUGH SECRETARY MINISTRY OF CULTURE GOVT. OF INDIA 502-C WING SHASTRI BHAWAN NEW DELHI-01

2:MINISTRY OF TOURISM GOVT. OF INDIA

THROUGH ITS SECRETARY CHAIRMAN OF PRASHAD SCHEME

R. NO-109 TRANSPORT BHAWAN 1- PARLIAMENT STREET NEW DELHI-01

3:ARCHEOLOGICAL SURVEY OF INDIA THROUGH ITS DIRECTOR GENERAL DHAROHAR BHAWAN 24 TILAK MARG NEW DELHI-01

4:THE CHAIRMAN PM DEVINE SCHEME

SECRETARY MINISTRY OF DEVELOPMENT OF NORTH EASTERN REGION VIGYAN BHAWAN ANNEXE MAULANA AZAD ROAD NEW DELHI-11

5:THE STATE OF ASSAM THROUGH ITS CHIEF SECRETARY

Page No.# 8/16

GOVERNMENT OF ASSAM BLOCK-C 3RD FLOOR ASSAM SACHIVALAYA DISPUR GUWAHATI-06 6:PUBLIC WORKS (BUILDING AND NATIONAL HIGHWAY) DEPTT. THROUGH ITS SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT OF ASSAM BLOCK B GROUND FLOOR ASSAM SECRETARIAT DISPUR GUWAHATI-06 7:DEPARTMENT OF CULTURAL AFFAIRS THROUGH DIRECTOR DIRECTORATE OF ARCHAEOLOGY

GOVT. OF ASSAM GOPINATH BORDOLOI ROAD AMBARI GUWAHATI ASSAM PIN-781001 8:DEPARTMENT OF TOURISM THROUGH PRINCIPAL SECRETARY GOVT. OF ASSAM ASSAM SECRETARIAT (CIVIL) BLOCK F 3RD FLOOR DISPUR GUWAHATI-06 ASSAM -----------Advocate for : MR. D DOLEY Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND 7 ORS

Linked Case : WP(C)/2700/2024

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NAVAJYOTI SARMA SON OF LATE TRILOCHAN SARMA

RESIDENT OF KAMAKHYA MANDIR

GUWAHATI- 781010

DISTRICT- KAMRUP(METROPOLITAN)

ASSAM.

VERSUS

UNION OF INDIA AND 9 ORS REPRESENTED BY THE SECRETARY

MINISTRY OF CULTURE

GOVERNMENT OF INDIA

502-C WING SHASTRI BHAWAN

NEW DELHI- 110001.

2:MINISTRY OF TOURISM GOVERNMENT OF INDIA THROUGH ITS SECRETARY

CHAIRMAN OF PRASHAD SCHEME

R.NO. 109 TRANSPORT BHAWAN

1- PARLIAMENT STREET NEW DELHI 110001.

3:ARCHEOLOGICAL SURVEY OF INDIA THROUGH ITS DIRECTOR GENERAL

DHAROHAR BHAWAN 24 TILAK MARG

NEW DELHI 110001.

4:THE CHAIRMAN

Page No.# 10/16

PM DEVINE SCHEME SECRETARY

MINISTRY OF DEVELOPMENT OF NORTH EASTERN REGION

VIGYAN BHAWAN ANNEXE MAULANA AZAD ROAD

NEW DELHI 110001.

5:THE STATE OF ASSAM THROUGH ITS CHIEF SECRETARY

GOVERNMENT OF ASSAM

BLOCK-C

3RD FLOOR

ASSAM SACHIVALAYA

DISPUR

GUWAHATI- 781006.

6:PUBLIC WORKS (BUILDING AND NATIONAL HIGHWAY) DEPARTMENT THROUGH ITS SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT OF ASSAM

BLOCK B GROUND FLOOR ASSAM SECRETARIAT

DISPUR

GUWAHATI- 781006.

7:DIRECTOR OF ARCHAEOLOGY ASSAM GOVERNMENT OF ASSAM

GOPINATH BORDOLOI ROAD

AMBARI GUWAHATI ASSAM 781001.

8:DEPARTMENT OF CULTURAL AFFAIRS THROUGH ITS DIRECTOR

Page No.# 11/16

DIRECTORATE OF ARCHAEOLOGY

GOVERNMENT OF ASSAM

GOPINATH BORDOLOI ROAD AMBARI GUWAHATI ASSAM 781001.

9:DEPARTMENT OF TOURISM THROUGH PRINCIPAL SECRETARY GOVERNMENT OF ASSAM

ASSAM SECRETARIAT (CIVIL) BLOCK-F 3RD FLOOR

DISPUR GUWAHATI-781006 ASSAM.

10:LARSEN AND TOUBRO LIMITED REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR AND HAVING ITS OFFICE AT MOUNT POONAMALEE ROAD

MANAPAKKAM CHENNAI- 600089 TAMIL NADU. -----------Advocate for : MR. K P PATHAK Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND 9 ORS

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BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 05.03.2025

(Vijay Bishnoi, CJ)

The matter comes upon for consideration of the instant interlocutory application being IA(c)643/2025, wherein, the applicant State has prayed that the State authorities and the EPC contractor be allowed to continue with the ancillary works, viz. development of holding ground for providing pilgrimage facility at Bangshibagan as well as to develop and improve the existing alternate route for passage of pilgrims.

It is to be noted that the connected PIL being PIL 12/2024 and the connected writ petition being WP(c)2700/2024 are filed on behalf of the petitioners, herein, raising a concern that the proposed construction of Maa Kamakhya Temple Access Corridor under the PM-DeVINE scheme would likely to cause harm to the holy streams flowing through the sanctum sanctorum of Maa Kamakhya Temple.

This Court, noticing the concern raised in the above-noted petitions; has issued orders from time to time, directing the applicants State to seek expert opinion from the experts to remove any doubt which may, either, affect the sanctum sanctorum, or, which may affect the flow of streams in the Maa Kamakhya Temple.

Pursuant to the same; it is stated by the State Government that they have already engaged the Indian Institute of Technology, Guwahati, for

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seeking expert opinion and in that process, National Institute of Hydrology, Roorkee, is also engaged and the process of seeking expert opinion is going on.

The applicant State has now filed this interlocutory application with a prayer to allow them to proceed with the ancillary works, as mentioned-above.

In the instant interlocutory application; the applicant State has specifically stated that the ancillary works which is proposed to be carried-out is, neither, included in the Maa Kamakhya Temple Access Corridor Project, nor, it is going to affect the Maa Kamakhya Temple, in any manner.

It would be appropriate to quote the relevant portion of the averments made in this interlocutory application preferred on behalf of the applicant State, wherein, they have explained about the nature of the ancillary works, proposed to be carried-out:

“ 6. That the applicants respectfully state that thereafter the National Institute of Hydrology, Roorkee has started the testing work at project site and the Contractor by their letter dated 1.3.2025 has informed the applicants that major portion of the Geophysical and Hydrogeological Investigation has been completed including EVRI and isotope sampling. The remaining investigations such as GPR are scheduled for March, 2025 and the final reports will be submitted as per the planned timeline. By the aforesaid letter dated 1.3.2025 the Contractor has also proposed to execute some site works simultaneously during continuation of the investigation work, which would not affect the Maa Kamakhya Temple premises in any manner. The Contractor has proposed to execute the work of development of holding ground for providing Pilgrimage facility at Bangshibagan area which is at a distance of about 400 Meter from the construction zone of the Maa Kamakhya Temple premises and proposed Access Corridor, and, work of development of the alternate route, to utilised for Pilgrimage during execution of the construction work.

7. That the applicants respectfully state that from the investigation conducted by the specialized agency so far the applicants have come to know that there is every possibility that there will be no hindrance in going ahead with the project in question and the report of the investigation/survey will be submitted soon as stated above.

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8. That in the aforementioned circumstances, leave is sought from the Hon'ble Court to the allow the State Authorities and the EPC Contractor to proceed with the ancillary works namely development of holding ground for providing pilgrimage facility at Bangshibagan which is situated at a distance beyond 400 Meter from the actual Maa Kamakhya Temple Access Corridor and Maa Kamakhya Temple. The development of said ground for providing pilgrimage facilities is essential for the purpose of execution of the project work as and when it starts. Furthermore, leave is also sought to develop and improve the existing alternate route for passage of pilgrimage which will be essential during execution of the project work, in the event the outcome of the Hydrogeological and Geophysical Investigation result is in favour for execution of the Maa Kamakhya Temple Access Corridor. This route will be essential for movement of the pilgrims to and fro from the temple at the time of execution of the work of Maa Kamakhya Temple Access Corridor.

It is stated that the aforesaid alternate route is also beyond the boundary of the Maa Kamakhya Access Corridor and it is located at different direction from the proposed site of the Access Corridor project. Moreover, the alternate route is in existence in delipidated condition and its repairing and improvement is sought to be done which will be minor and cosmetic in nature for smooth passage of pilgrimage without affecting the Maa Kamakhya Temple premises including the area earmarked for Maa Kamakhya Temple Access Corridor project.

9. That this leave is sought from the Hon'ble Court as in an earlier occasion undertaking was given before this Hon'ble Court by the State Authorities to the effect that no work will be done until the completion of the study of Hydrogeological and Geophysical Investigation. It is further reiterated that the leave sought for development of the holding ground at Bangshibagan and the existing alternate route is only for the purpose of facilitating the Maa Kamakhya Temple Access Corridor Project work.

The State most humbly gives a solemn undertaking before this Hon'ble Court that only if the final outcome of the Hydrogeological and Geophysical Investigation result is in a positive manner permitting execution of the proposed project, then only the State shall proceed with the work of Maa Kamakhya Temple Access Corridor project and otherwise not.

10. That great irreparable loss and injury would be caused to the applicants if the applicants are not allowed to execute the ancillary works namely development of holding ground for providing pilgrimage facility at Bangshibagan and to develop and improve the existing alternate route for passage of pilgrimage as mentioned above as the same is not going to hamper the Maa Kamaphya Temple and other adjacent temples within the project area in any manner. Therefore, this is a fit case wherein the Hon'ble Court would be pleased to allow / grant leave to the applicants to proceed with the execution of the aforementioned works.”

Learned counsels appearing for their respective petitioners in PIL 12/2024, as well as in WP(c)2700/2024; have stated that since the report from the National Institute of Hydrology, Roorkee, is awaited, the applicant

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State be not allowed to execute any work, even ancillary works, after receipt of the said report.

It is also contended by the learned counsels for the petitioners that in the garb of any permission granted by this Court; the applicant State can start the work related to Maa Kamakhya Temple Access Corridor Project and in such a situation; the purpose of filing these 2(two) petitions i.e. PIL 12/2024 and WP(c)2700/2024, would be frustrated.

Having heard the learned counsels appearing for the parties and after going through the contents of the instant interlocutory application; we are of the considered view that this interlocutory application can be disposed of by permitting the applicant State to execute the ancillary works without affecting the work of Maa Kamakhya Temple Access Corridor Project, or, the Maa Kamakhya Temple, only, to provide facilities to the pilgrims and to construct an alternate route for passage of pilgrims which may be used in case the project starts.

It is also to be noticed that as per the averments made in this interlocutory application; the alternate route is already in existence, but, in a dilapidated condition.

In view of the above; we, therefore, deem it appropriate to dispose of this interlocutory application by granting permission to the applicant State to execute the ancillary works, particularly, the development of holding ground for providing pilgrimage facility at Bangshibagan and to improve the existing alternate route for passage of pilgrims, as prayed for.

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However, it is made clear that in no manner, whatsoever; the applicant State will take-up construction activities which may, either, affect the Maa Kamakhya Temple, or, the work in respect of Maa Kamakhya Temple Access Corridor Project.

It is hereby, ordered, accordingly.

It is further made clear that after receiving the Hydrogeological & Geophysical investigation report from the National Institute of Hydrology, Roorkee; the applicant State shall produce the same before this Court and thereafter, may start the work in respect of the Maa Kamakhya Temple Access Corridor Project, only, after obtaining approval from this Court.

With the above observations, this interlocutory application stands disposed of.

JUDGE CHIEF JUSTICE

Comparing Assistant