Gauhati HC seeks Assam govt response on Dighalipukhuri flyover 'U-Turn'
Guwahati: The Gauhati High Court has directed the Assam government to file a detailed response regarding allegations that it is violating a previous court order concerning the GNB Road flyover construction.
While hearing an intervention application (IA) filed by journalist Mahesh Deka and two others, a bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury on Wednesday (October 22, 2025) ordered the Assam government to file its response by October 28, 2025.
Petitioners allege that the Assam Public Works Roads Department (PWRD) is backtracking on an affidavit and proceeding with construction that threatens the trees and aesthetic beauty of the historic Dighalipukhuri pond and the surrounding area.
Alleged U-Turn on Flyover Realignment
The current dispute stems from a Public Interest Litigation (PIL No. 64/2024) filed last year filed by Mahesh Deka, Chandan Borgohain, and Jayanta Gogoi against the initial flyover plan, which would have necessitated the felling of numerous century-old trees around the pond.
Also read: Assam govt files affidavit before HC, says flyover realigned to save Dighalipukhuri trees
Following widespread citizen protest and the High Court’s intervention, the government had announced a realignment of the flyover through an affidavit submitted to the court on November 5, 2024.
The key commitment made in the affidavit was that the modified design would ensure that one point of the flyover would be terminated at the Lamb Road point and another point near the Rabindra Bhawan point on GNB Road, and that "not a single tree on the bank of Dighalipukhuri will be affected."
The original PIL was disposed of on November 13, 2024, after the court was satisfied that the government had redressed the petitioners' grievances.
Construction Beyond Agreed Limits
The new IA alleges a grave breach of that assurance made by Assam PWD. According to the petitioners, the concerned authorities started construction work from the night of September 25, 2025, that extends beyond the Rabindra Bhawan point and onto the south bank of Dighalipukhuri.
The petitioners argue that this new activity, supported by photographic evidence, not only violates the court's order but will "adversely affect the aesthetic beauty" of the historic site and lead to the uprooting of mature trees.
The application also cites a Supreme Court observation that the right to life under Article 21 includes the right to a healthy environment, arguing the state's action is a violation of the people's constitutional rights.
Senior Advocate Kamal Nayan Choudhury and advocate Vikram Rajkhowa represented the petitioners during the hearing.