Navajyoti Sarma Vs Union of India and 9 Ors.

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GAHC010021962024

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

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Case No. : PIL/12/2024

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GITIKA BHATTACHARJYA AND 12 ORS W/O- SAILEN BHATTA, 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.

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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

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

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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 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

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KANAK DASA NAGARA DATTAGALLI 3RD STAGE MYSORE-23 KARNATAKA

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11: KAPUGANTY VAMSI KIRAN S/O- SURYA RAO KAPUGANTY R/O- SHREYAS 15-2-6 BEHIND GRAND BAY HOTEL

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BESIDE SAIRAM APARTMENT MAHARANIPETA VISHAKAPATNAM-02 ANDHRA PRADESH

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12: D.H PAVANKUMAR S/O- D.S HANUMESH R/O- 131 A 3RD WARD MAJOR SANDEEP ROAD BAGEPALLI-07 KARNATAKA

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13: KANDALA ROHINI D/O- NUTI RAJAGOPAL R/O- PLOT NO-161 DEFENCE COLONY

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SAINIKPURI P.O- SECUNDRABAD-9

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VERSUS

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

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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

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3:ARCHEOLOGICAL SURVEY OF INDIA THROUGH ITS DIRECTOR GENERAL DHAROHAR BHAWAN 24 TILAK MARG

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NEW DELHI-01

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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 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 ASSA

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Advocate for the Petitioner : MR. D DOLEY, MR. P K TIWARI(P-1 TO 5 ,7,9,10,11),MS. P DUTTA(P-1 TO 5 ,7,9,10,11),MR. N BARUAH (P-1 TO 5 ,7,9,10,11),MR. R P SARMAH,MS A

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DEKA

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Advocate for the Respondent : DY.S.G.I., MR. R K D CHOUDHURY( DEPUTY SOLICITOR GENERAL OF INDIA),MR R DHAR, SC, PWD,GA, ASSAM

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Linked Case : WP(C)/2700/2024

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NAVAJYOTI SARMA SON OF LATE TRILOCHAN SARMA

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RESIDENT OF KAMAKHYA MANDIR

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GUWAHATI- 781010

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DISTRICT- KAMRUP(METROPOLITAN)

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ASSAM.

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VERSUS

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UNION OF INDIA AND 9 ORS REPRESENTED BY THE SECRETARY

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MINISTRY OF CULTURE

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GOVERNMENT OF INDIA

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502-C WING SHASTRI BHAWAN

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NEW DELHI- 110001.

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2:MINISTRY OF TOURISM GOVERNMENT OF INDIA THROUGH ITS SECRETARY

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CHAIRMAN OF PRASHAD SCHEME

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R.NO. 109 TRANSPORT BHAWAN

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1- PARLIAMENT STREET NEW DELHI 110001.

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3:ARCHEOLOGICAL SURVEY OF INDIA THROUGH ITS DIRECTOR GENERAL

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DHAROHAR BHAWAN 24 TILAK MARG

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NEW DELHI 110001.

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4:THE CHAIRMAN

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PM DEVINE SCHEME SECRETARY

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MINISTRY OF DEVELOPMENT OF NORTH EASTERN REGION

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VIGYAN BHAWAN ANNEXE MAULANA AZAD ROAD

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NEW DELHI 110001.

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5:THE STATE OF ASSAM THROUGH ITS CHIEF SECRETARY

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GOVERNMENT OF ASSAM

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BLOCK-C 3RD FLOOR ASSAM SACHIVALAYA

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DISPUR

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GUWAHATI- 781006.

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

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BLOCK B GROUND FLOOR ASSAM SECRETARIAT

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DISPUR

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GUWAHATI- 781006.

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7:DIRECTOR OF ARCHAEOLOGY ASSAM GOVERNMENT OF ASSAM

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GOPINATH BORDOLOI ROAD

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AMBARI GUWAHATI ASSAM 781001.

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8:DEPARTMENT OF CULTURAL AFFAIRS THROUGH ITS DIRECTOR DIRECTORATE OF ARCHAEOLOGY GOVERNMENT OF ASSAM GOPINATH BORDOLOI ROAD AMBARI GUWAHATI ASSAM 781001.

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9:DEPARTMENT OF TOURISM THROUGH PRINCIPAL SECRETARY GOVERNMENT OF ASSAM ASSAM SECRETARIAT (CIVIL) BLOCK-F 3RD FLOOR DISPUR GUWAHATI-781006 ASSAM.

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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.

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For the petitioner(s)/ : Mr. N. Baruah, Advocate appellant(s) Mr. K. P. Pathak, Advocate For the respondent(s) : Mr. D. Saikia, AG, Assam Mr. D. Nath, Sr. GA, Assam Ms. R. Barua, Advocate Mr. R. Borpujari, Advocate Ms. M. Devi, Advocate

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– BEFORE – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

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12.02.2026

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(Ashutosh Kumar, C.J.)

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We have heard Mr. N. Baruah and Mr. K. P. Pathak, learned Advocates for the petitioners and Mr. D. Saikia, learned Advocate General, Assam; Mr. D. Nath, learned senior Government Advocate,

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Assam; Ms. R. Baruah, Mr. R. Borpujari and Ms. M. Devi, learned Advocates for the respondents.

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This Public Interest Litigation (PIL 12/2024) has been filed seeking issuance of a White Paper on the proposed construction of “Maa Kamkya Temply Access Corridor” in Guwahati, Assam.

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A clarification was attempted to be sought from the Government of Assam through the Public Works Department that the proposed construction of the Access Corridor will not cause any damage or destruction to the ancient structure of the revered Maa Kamakhya Temple, the Dasa Mahavidyas Temple, the natural water springs and the natural caves, which is treated as the cosmic womb and sanctum sanctorum of the Dasa Mahavidyas, and the sacred Nilachal Hill, which is worshiped by the devotees as the embodiment of Lord Shiva. The petitioners also sought restraint orders on the construction or renovation, in any manner whatsoever, in the protected, prohibited and relocated areas.

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Another writ petition [WP(C) No. 2700/2024], which has been tagged with this PIL, has been filed by one Navajyoti Sarma, challenging the tender process initiated by the respondents/State vide NIT dated 27.11.2023, relating to Maa Kamakhya Temple Access Corridor, alleging violations of the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (hereinafter referred to as “Act of 1958”) and the Assam Ancient Monuments and Records Act, 1959 (hereinafter referred to as “Act of 1959).

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It has been contended by the petitioners that if the project is implemented, there would be serious risk of the premises of the Maa Kamakhya Temple being adversely affected and there would also be

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disruption of the religious practices performed in the temple which, ultimately, may lead to desecration. This, it has been alleged, is nothing but sacrilege.

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This writ petition [WP(C) No. 2700/2024] was also tagged, as noted above, along with PIL No. 12/2024.

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During the course of the arguments, Mr. D. Saikia, learned Advocate General, Assam, had assured this Court verbally, as also in writing, that till all clearance are received from all the authorities concerned, including the Research and Analytical Report from the IIT, Guwahati, as also by another research body regarding hydrological impact coming in the way of the execution of the project, no construction shall take place.

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An affidavit, sworn by the Special Commissioner & Special Secretary, PW (B&NH) Department, Assam, has been filed today wherein it has been averred that the project, namely, “Maa Kamakhya Temple Access Corridor Project” has been taken up for the purposes of development of the temple area under the PM-DEVINE Scheme. The frontal facade and vista of the temple appear to have been compromised over a period of time because of unplanned residential and commercial buildings, most of which present rebarbative look, which have come up cramming the open spaces in front of the temple, which could be used by the pilgrims, or which could have been used for the State to develop amenities and allweather facilities for the pilgrims.

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It has been categorically stated by the learned Advocate General that the project was initially conceived with the understanding that there shall be no interference with the architecture

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and ancient sculptures of the temples in and around the main sanctum sanctorum. The State is also conscious of the possibilities of the adverse impact to the underground holy water springs that may occur with the initiation and completion of the project. With this apprehension in mind, the IIT, Guwahati, had been entrusted to carry out hydrological and geophysical studies of the proposed construction area to find out as to how the execution of the project should be carried out without damaging the sacred underground natural water spring.

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In fact, an MOU was entered into between the PWD (Building), Assam and the IIT, Guwahati in the month of June, 2024. In order to avoid any adverse impact to the main temple and the holy underground water springs as also for preservation of the ancient and sacred monuments in and around the temple, the services of the National Institute of Hydrology, Roorkee, have also been commissioned for conducting a study with regard to the possible hydrological and geophysical impact. The National Institute of Hydrology, Roorkee has also submitted its report, which has been vetted by the IIT, Guwahati and it is found to be a viable and nondamaging option for the State to carry out the project.

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The report submitted by the National Institute of Hydrology, Roorkee, and the recommendations of the IIT, Guwahati have been taken into consideration by the consultant/concessionaire for preparation of drawings/designs. The structural plans and its design have already been submitted to the Government, which have also been brought on record in these petitions vide affidavit dated 20.01.2026.

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With all these checks, the learned Advocate General has submitted that he may be permitted to withdraw his oral undertaking that till the time all clearance are received and proper hydrological and geophysical studies are made confirming that the execution of the project would not adversely affect the temples and underground water springs, no construction work shall proceed.

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We find that with all the research material/reports incorporated in the structural design of the project, there should not be any embargo for the State to proceed with the construction/execution of the project for giving a facelift to the temple(s) and provide easy access for the pilgrims to the shrines located inside the temple premises.

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We order accordingly.

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Having said this, we also reiterate the assurance given by the learned Advocate General that the execution of the project work would be as per the drawings and designs approved by the IIT, Guwahati and the project would be executed without affecting the temples in any manner whatsoever.

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There is a further assurance that the project would be executed without even in the least affecting the underground holy water springs.

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With the above-noted assurances and the structural design of the project incorporating the suggestions of the National Institute of Hydrology, Roorkee, and the IIT, Guwahati, we find no reason to continue with this PIL (PIL No. 12/2024) and the writ petition [WP(C) 2700/2024] any further.

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Accordingly, we close the same with the liberty to the

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petitioners to have these petitions revived, in case any breach is noticed hereafter till the final execution of the works, by filing a twopages affidavit.

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Both the petitions stand disposed off.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Navajyoti Sarma v. Union of India and 9 Ors.

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Navajyoti Sarma v. Union of India and 9 Ors.

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