Gauhati High Court Approves Maa Kamakhya Temple Access Corridor Project in Guwahati
The Gauhati High Court has granted permission to the Assam state government to move forward with the execution of the Maa Kamakhya Temple Access Corridor Project. This initiative, funded under the PM-DevINE scheme, aims to revitalize the temple complex and enhance accessibility for pilgrims. The decision was delivered by a division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury.
Court's Rationale and Order Details
In its ruling, the court emphasized that based on comprehensive research and structural design reports, there should be no hindrance to the project's construction. "We find that with all the research material or reports incorporated in the structural design of the project, there should not be any embargo for the state to proceed with the construction or 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," the bench stated. The court issued an order accordingly, allowing the state to proceed with the development.
Background of Petitions and Concerns
Two petitions were filed before the high court in 2024, raising concerns about the project:
- The first petition, submitted by Gitika Bhattacharjya and 12 others, sought a white paper on the proposed construction. It requested clarification from the government's Public Works Department to ensure that the access corridor would not cause damage to the ancient structure of the revered Maa Kamakhya Temple, the Dasa Mahavidyas Temple, natural water springs, natural caves, and the sacred Nilachal Hill.
- The second petition, filed by Navajyoti Sarma, challenged the tender process initiated by the state government. It alleged violations of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and the Assam Ancient Monuments and Records Act, 1959. Sarma contended that the project posed a serious risk of adversely affecting the temple premises, disrupting religious practices, and potentially leading to desecration.
Government's Response and Expert Studies
In response, the state government filed an affidavit sworn by the special commissioner and special secretary of the PW (B&NH) Department, Assam. The affidavit outlined that the project is part of the PM-DevINE Scheme for temple area development. The court noted that the affidavit addressed concerns about the compromised frontal facade and vista of the temple due to unplanned residential and commercial buildings.
Advocate General D. Saikia assured the court that the project was conceived with a commitment to avoid interference with the architecture and ancient sculptures of the temples. He highlighted that the state is aware of potential adverse impacts on underground holy water springs. To mitigate this, IIT Guwahati was entrusted with conducting hydrological and geophysical studies of the proposed construction area.
Collaborative Efforts and Safeguards
An Memorandum of Understanding (MOU) was signed between the PWD (Building) and IIT Guwahati in June 2024. Additionally, the services of the National Institute of Hydrology (NIH), Roorkee, were commissioned to study possible hydrological and geophysical impacts. The report from NIH was vetted by IIT Guwahati and deemed a viable and non-damaging option for the project.
The court took note of the structural plans and designs prepared by consultants based on the NIH report and IIT Guwahati's recommendations, which have been submitted to the government. Reiterating the assurance from the Advocate General, the court emphasized that the project execution will adhere to approved drawings and designs, ensuring no adverse effects on the temples or underground holy water springs.
Disposal of Petitions and Future Provisions
With this order, the court disposed of the petitions but granted liberty to the petitioners to revive them if any breach is noticed during the project's execution. This provision allows for ongoing oversight and accountability until the final completion of the works.
