Gauhati HC seeks Centre & NHAI to clarify stance on NH 715 alignment
Guwahati: The Gauhati High Court on Monday directed the central government and the National Highways Authority of India (NHAI) to clarify their stance on the alignment of National Highway No. 715, which stretches 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 aggrieved by the approval granted by the respondent authorities for a new alignment of NH 715, for its expansion from Kaliabor Tiniali to Numaligarh.
During the initial hearing, the court noted that the construction of new highways and the widening of existing ones are typically within the jurisdiction of NHAI experts, and that courts generally refrain from intervening in such matters while exercising their extraordinary writ jurisdiction.
However, the petitioners’ counsel argued that while the court's jurisdiction over the alignment of National Highways is limited, the Ministry of Road Transport and Highways (MoRTH) has published a list of highways, stating that NH 715 starts at its junction with NH-15 near Tezpur and connects Jakhalabandha, Bokakhat, and Jorhat, eventually terminating at its junction with NH-2 near Jhanji in Assam.
The petitioners contend that the expansion is being carried out along a different alignment than originally specified.
Additionally, senior counsel for PIL 38/2024 highlighted a meeting held on October 19, 2024, between Assam’s Minister of Transport & Fisheries, NHAI officials, and local representatives, during which NHAI clarified that the expansion of NH 715 into a four-lane highway is a Brown Field project, including two bypasses.
The petitioners further pointed out that, according to MoRTH’s clarification, the widening and development of an existing highway is categorized as a Brown Field project, while the construction of a highway on a new alignment falls under the Green Field project category.
They argued that given MoRTH’s clarification, there was no justification for the respondent authorities to deviate from the original alignment for the NH 715 expansion.
After considering these submissions, the court directed the Union of India and NHAI to clarify their positions regarding the issues raised by the petitioners.
The court instructed R.K.D. Choudhury, Deputy Solicitor General of India, and C. Boruah, standing counsel for NHAI, to submit their responses to the writ petitions within two weeks.
The case has been scheduled for further hearing on February 6, 2025, as reported by The Sentinel.