Meghalaya High Court
Date Of Order: 17.04.2026 vs State Of Meghalaya on 17 April, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
2026:MLHC:371-DB
Serial No. 01
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
PIL No.1/2026
Date of order: 17.04.2026
Shri Pynskhemlang Sohtun ..... Petitioner
Vs.
1. State of Meghalaya, through the Chief Secretary, Shillong.
2. Deputy Commissioner, Ri-Bhoi District, Meghalaya.
3. General Manager (Projects), NHIDCL, Shillong.
4. Union of India, through Ministry of Environment, Forest &
Climate Change, New Delhi.
5. Union of India, through Ministry of Road Transport & Highways
Coram:
Hon'ble Mrs. Justice Revati Mohite Dere, Chief Justice
Hon'ble Mr. Justice W. Diengdoh, Judge
For the Petitioner : Ms. P. Bhattacharjee, Adv with
Mr. F. Bareh, Adv
For the Respondents : Mr. A. Kumar, Advocate General with
Mr. N.D. Chullai, AAG
Mr. A.H. Kharwanlang, Addl.Sr.GA
Dr. N. Mozika, DSGI with
Ms. K. Gurung, Adv
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
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JUDGMENT:
(per the Hon’ble, the Chief Justice) (Oral)
Heard learned counsel for the respective parties.
2. By this petition, the petitioner seeks the following reliefs:
(a) a direction to the respondents to halt all acquisition,
survey and preparatory activities in Ri-Bhoi District;
(b) direct disclosure of EIA, SIA Hydrological and alternative
alignment studies;
(c) direct meaningful public consultation in compliance
with Forest Rights Act and Sixth Schedule;
(d) Direct examination of less destructive alternatives; and
(e) Constitute an independent expert committee.
3. The grievance of the petitioner in the aforesaid PIL is with
respect to the proposed construction of 166.8 km
Greenfield/High-Speed Highway Corridor of which approximately
144.8 km lies within Meghalaya, primarily Ri-Bhoi District.
According to the learned counsel for the petitioner, Ri-Bhoi
District forms part of a fragile and undulating hill ecosystem
which is highly susceptible to landslides, soil erosion,
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deforestation and depletion of groundwater resources. The
petitioner has alleged in the said PIL that past experience with the
National Highways and Infrastructure Development Corporation
Limited (hereinafter referred to as “NHIDCL”) projects, particularly
the Shillong-Dawki Highway demonstrates severe hill cutting,
ecological destabilisation, recurring landslides, prolonged delays
and loss of human lives, thereby giving rise to legitimate public
apprehension regarding environmental and public safety. It is
further alleged by the petitioner that the proposed alignment
passes through agricultural lands, community owned tribal
lands, forests, water catchment areas and culturally sensitive
landscapes governed under the Sixth Schedule. It is further
stated in the PIL that Ri-Bhoi District forms part of a fragile hill
ecosystem prone to landslides and ecological instability.
According to the petitioner, the alignment passes through the
close vicinity of Lum Sohpetbneng, revered by the Khasi
community as a sacred site of immense spiritual, religious,
historical and cultural significance, traditionally regarded as the
origin point of humanity.
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4. This Court vide order dated 19th February, 2026 had issued
notice to the respondents. This Court had also directed the
respondents to file their respective responses with respect to what
was stated in the PIL. Pursuant thereto, Mr. Mahavir Singh
Rawat, General Manager (LA & Coord.), National Highway and
Infrastructure Development Corporation Limited, Regional Office,
Shillong has filed his affidavit on behalf of respondent Nos.3 and
5 dated 9th April, 2026. In the said affidavit, the affiant has stated
that the NHIDCL under the Ministry of Road, Transport and
Highways (MoRTH), Government of India has been given a
mandate to develop/improve the National highways and other
related road infrastructure projects in the State of Meghalaya for
accelerated development of North-East Region of India. It is
further stated that the Cabinet Committee on Economic Affairs
(CCEA) on 23rd May, 2025 has approved the investment for
development of Greenfield High-Speed Corridor (HSC) of 166.80
km (NH-06) from Mawlyngkhung (near Shillong) in Meghalaya to
Panchgram (near Silchar) in Assam on Hybrid Annuity Mode
(HAM), at a total capital cost of ₹22,864,00 crores. In the affidavit,
the importance and key benefits of the Greenfield High-Speed
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Corridor project is stated i.e., it will serve as the key economic
corridor being the most critical link of the network; that it would
boost the connectivity in the North-East Region; that it would
ensure efficient and faster movement of goods, thereby
improvement in logistic efficiency in the North-East; that it would
be of significant strategic and defence importance for the North-
Eastern Region of India which has borders with neighbouring
countries like China, Bangladesh and Myanmar; that it would
help reduction in carbon emission as positive environment
impact, etc.
5. It is further stated that the said project is located within
100 km of the international border and as such is exempt from
the requirement of prior environmental clearance but is subject to
compliance with other applicable environmental standards. To
the affidavit are annexed copies of the notification dated 14th
July, 2022 and Office Memorandum dated 6th February, 2023. It
is further stated by the affiant in the affidavit that the DPR
incorporates a comprehensive environment management plan
addressing baseline environment assessment, identification of
environmentally sensitive receptors, impact prediction and
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mitigation measures and that adequate design provisions have
been incorporated to ensure that natural drainage patterns and
environment safeguards are maintained. The key provisions
include, 599 culverts; 79 minor bridges; 13 major bridges and
171 viaducts. It is further stated that additional measures
including, longitudinal drains, catch water drains, chute drains
with energy dissipation arrangements, sediment control measures
such as silt fencing could be done to prevent discharge of
construction waste into natural waterbodies. It is further stated
that wherever forest land is involved, the same has been identified
during DPR preparation through alignment surveys and field
verification. It is further stated that approvals under the Forest
(Conversation) Act, 1980 including, Stage-I and Stage-II
clearances, will be obtained from the competent authority prior to
commencement of construction in stretches involving forest land
and that compensatory afforestation will be undertaken in
accordance with existing MoEF&CC guidelines; that necessary
financial provisions have been included in the DPR; and that
compliances with respect to the Scheduled Tribes and Other
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Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006, will be followed as per statutory provisions.
6. It is further stated in the affidavit that the DPR
incorporates detailed hydrological analysis to ensure that natural
drainage patterns are preserved and that no obstruction is
caused to existing water bodies or natural streams; that
hydrological design has been undertaken in accordance with
Indian Roads Congress guidelines to ensure uninterrupted
natural flow regimes; and that additional environmental
safeguards which include, erosion control measures, slope
stabilization works, sediment control structures, drainage
management system etc. would be complied with. It is stated that
the total financial allocation for drainage and hydrological
protection measures exceeds ₹6,900.00 crores (as per PPPAC)
under the project provisions.
7. It is further stated that the alignment has been reviewed
during DPR preparation stage to avoid direct impact on culturally
significant locations and that based on available alignment
records and mapping, the core sacred area of Lum Sohpetbneng
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is kept outside the proposed land acquisition and is outside the
direct impact area of the project. It is further stated that wherever
culturally sensitive areas fall within the broader influence zone of
the corridor, mitigation measures such as alignment optimization,
controlled slope cutting and slope stabilization measures have
been incorporated and that stakeholder consultations were
undertaken during the planning stage with local authorities and
other stakeholders to consider cultural sensitivities. It is further
stated in the affidavit that design measures include, flexible
Right-of-Way planning, retaining structures, toe walls, controlled
earthwork operations in sensitive stretches.
8. It is further stated that environmental sensitivity and
ecological considerations have been adequately incorporated into
the DPR design and wherever applicable, the project provides
mitigation measures such as wildlife crossings through culverts
and underpass structures, viaduct sections to facilitate cross
movement of animals, minimizing disturbance to natural terrain
and environment safeguards to reduce noise and light impacts. It
is further stated that bio-engineering techniques and slope
stabilization measures have also been proposed to minimize
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ecological disturbance. According to the affidavit, the DPR
prescribes environment safeguards to be implemented during
construction stage and includes, designated construction camps
with sanitation and waste management systems; regulation of
construction material sourcing; prohibition of unauthorised
quarrying and tree cutting; environmentally safe muck disposal
locations; and erosion protection through turfing, geotextiles,
retaining walls, specialised slope stabilization measures etc.
9. It also appears from the affidavit that the DPR includes,
detailed mapping of existing utilities to ensure controlled
construction practices so as to avoid environmental damages. The
utility crossings identified are electrical transmission lines; water
pipelines (all crossings); and gas pipelines. It is stated that utility
shifting plans have been prepared to ensure safe relocation
without disruption to environmental or public infrastructure.
10. It is further stated in the affidavit that the DPR
incorporates comprehensive environment, ecological and cultural
safeguards for protection of natural waterbodies, wildlife habitats
and culturally sites and the same have been integrated into the
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planning and engineering designing of the said corridor. In the
affidavit it is categorically stated that all statutory requirements
relating to environment clearance exemption, forest clearance,
environmental safeguards and protection of cultural heritage will
be strictly adhered to and complied with in accordance with
applicable laws and guidelines.
11. The Office Memorandum, which the authorities are
required to follow is dated 6th February, 2023, which is annexed
to the affidavit as Annexure-2. The said Office Memorandum
reads thus:
“F. No. IA3-22/40/2022-IA.III [E198668]
Government of India
Ministry of Environment, Forests and Climate Change
(IA-III Section)
Indira Paryavaran Bhawan,
Jor Bag Road, Aliganj,
New Delhi – 110003
Dated: 6th February, 2023OFFICE MEMORANDUM
Subject: Standard Operating Procedure (SoP) for
Environmental safeguards to be followed while
constructing and operation of all Highway
projects which are exempted up to 100 km from
line of control or border – reg.
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The Ministry has issued a Notification vide S.O. 3194(E)
dated 14th July 2022 exempting the requirement of EC for All
Highway projects are exempted up to 100 km from line of
control or border subject to compliance of Standard Operating
Procedure notified in this regard from time to time. The
Guidelines are to be followed for all roads/highway projects
falling within 100 Km from the International Border/Line of
Control (LOC) for sustainable environmental safeguards.
2. Further, the exemption of prior EC for all Highway
projects up to 100 km from line of control or border does not
exempt it from approvals/consent/permissions etc., required to
be obtained under any other Act/Rule/Regulation/Bye-
laws/Notification etc.
3. The Ministry hereby directs that the following
environmental safeguards shall be followed while constructing
and operation of all Highway projects which are exempted up to
100 km from line of control or border.
A. Risk assessment, Landslide management plan and
Disaster Management Plani. Risk assessment shall be carried out and based on the
assessment, Disaster Management Plan as per the Disaster
Management Act shall be got approved from Competent
Authority and implemented.
ii. If the proposed route is passing through any hilly area,
comprehensive study on vulnerability for the landslide,
slope stability, vulnerability of the project area from the
point of view of seismic activity taking into account the
seismic zone in which it is located, eco-fragility study of the
area shall be carried out through reputed Technical
Institute on the basis of which environmental friendly and
safe construction methodology shall be adopted.
iii. Landslide management plan shall be prepared and all
remedial, precautionary measures before, during and post
construction shall be undertaken to ensure that allPage 11 of 27
2026:MLHC:371-DBenvironmental safeguards are mandatorily implemented
under the supervision of subject matter experts before
undertaking construction. In case of cutting or
embankment, control of soil erosion from embankment,
landslide, rock fall protection measures, etc. shall be carried
out.
B. Tunneling and Horizontal Directional Drilling
i. If the proposed route involves tunneling and/ or horizontal
directional drilling, a detailed study on tunneling and
locations of tunneling with geological structural fraction
and its possible impact on the existing structures in its
vicinity, flora, fauna, terrain, etc. should be carried out so
as to ensure that there is no damage to life, property and
environment in its vicinity.
ii. Quarry areas shall be barricaded during quarrying
operations. Adequate environmental safeguards should be
put in place to ensure that environment protection is not
compromised. The abandoned quarry shall be
rehabilitated/reclaimed as water reservoirs with proper
fencing around quarry area as practically possible.
C. Soil conservation measures and muck dumping plan
i. Construction waste including bituminous material and
other hazardous materials must not be allowed to
contaminate water courses and the dump sites for such
materials must be secured so that they shall not leach into
the ground water. The non-usable bitumen waste/ spoils
shall be disposed of in an environmentally sound manner by
digging deep trench and providing clay lining at the bottom
and filled with soil at the top (for at least 0.5m).
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D. Noise management
i. Base line ambient noise level survey shall be carried out
prior to start of construction as per the CPCB guidelines.
The ambient noise levels should conform to the standards
prescribed under Noise Pollution (Regulation and Control)
Rules, 2000.
ii. Noise reduction measures and traffic management
strategies to be deployed for reducing the adverse impact if
any.
E. Air Pollution Control i. The baseline ambient air quality monitoring shall be
carried out as per the notification issued on 16th
November, 2009. Appropriate Air Pollution control
measures shall be in place during transportation of the
construction materials.
F. Water management
i. A comprehensive assessment of water catchment,
hydrology and drainage pattern within 10km of the
alignment shall be carried out. No diversion of the
natural course of the river/creek shall be made. All the
major, minor bridges and culverts should not affect the
drainage systems. Flood plains of the rivers/ drainage
systems are not to be disturbed. Rain water harvesting
structures to be constructed at the either sides of the
road.
ii. In case the road passes through a flood plain of a river,
the detail assessment of micro drainage, flood passages
and information on flood periodicity should be carried out
and a management plan shall be prepared and
implemented.
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iii. Appropriate measures must be taken while undertaking
digging activities to avoid any likely degradation of water
quality.
G. Traffic management
i. The proponent shall carry out a detailed traffic study to
assess inflow of traffic from adjoining areas like
airport/urban cities. The detailed traffic planning studies
shall include complete design, drawings and traffic
circulation plans (taking into consideration integration
with proposed alignment and other state roads etc.).
Wherever required adequate connectivity in terms of VUP
(vehicle underpass)/ PUP (Pedestrian underpass) needs to
be included.
ii. Traffic Control Devices/Road Safety Devices/ including
various types of cautionary, informatory, regulatory as
mandatory signboards, road markers, studs, etc. shall be
provided at appropriate locations all along the project
stretch in accordance with the specifications laid down in
Manual of Specifications and Standards for Expressways
(IRC: SP:99-2013) and IRC:8, IRC:25, IRC:26, IRC:35,
IRC:67, IRC:79, IRC:103 and Section 800 of MORTH
Specifications.
H. Avenue plantation/Green Belt i. Necessary green belt shall be provided on both sides of the
highway with proper central verge and cost provision
should be made for regular maintenance. Green belt shall
be developed with a native tree species in accordance with
CPCB guidelines.
ii. Old, large and heritage value trees should be retained
based on girth and age regulations as may be prescribedPage 14 of 27
2026:MLHC:371-DBby the Forest Department. Where the trees need to be cut/
trans planted with prior permission from the concerned
local Authority, compensatory plantation for the forest
land in the ratio of 1:10 (i.e. planting of 10 trees for every
1 tree that is cut/non- survival of any transplanted tree)
shall be done and maintained as per the extant norms
of State Govt./Central Govt. Plantations to be ensured
species (cut) to species (planted).
iii. The plantation activity be geo-tagged, before and after
pictures be taken with geo tags and having date and
time stamps to ensure maximum survival of the planted
species. Periodical monitoring be carried out and survival
percentage of the plantation should form the basis of
making payments for such plantation.
I. Budgetary provisions
i. Requisite funds shall be earmarked towards capital cost
and recurring cost/annum for environment pollution
control measures. An implementation schedule shall be
prepared and implemented as per the timeline.
ii. Adequate provision for infrastructural facilities including
water supply, fuel and sanitation shall be ensured for
construction workers during the construction phase of the
project in order to avoid any damage to the environment.
J. Monitoring Provision
i. The State Pollution Control Board/Pollution Control
Committees shall obtain the relevant EIA/EMP study
carried out by the Project Proponent through any NABET
accredited Consultant in accordance with the instant
SOP and shall upload the same on their website at the
time of grant of CTE (Consent to Establish).
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ii. The concerned State Pollution Control Boards/Pollution
Control Committees shall carry out periodic monitoring
before, during, and after construction to ensure that the
necessary environmental safeguards have been put in place
as per the aforesaid EIA/EMP study.
iii. Besides above, the Project Proponent shall also upload the
information regarding the progress of construction on
company’s website in the format prescribed by the State
Pollution Control Board so as to ensure that the necessary
general and specific conditions related to construction and
prevention as well as mitigation of environmental
pollution as prescribed by the Institute of Repute are
being complied with.
Besides above, the Project Authority shall obtain other
statutory clearances, wherever applicable. The following are
list of some requisite clearances for guidance, but not
limited to, which may be applicable to such road projects:
i. Indian Road Congress (IRC) guidelines. ii. Forest clearance under Forest Conservation Act, 1980 and
CRZ clearance as per CRZ Notification 2011/ 2019.
iii. If the project is passing through/located within the
notified ecologically sensitive zone (ESZ) around a notified
National Park/Wildlife Sanctuary or in the absence of
notified ESZ, within 10 km from the boundary of notified
National Park/ Wildlife Sanctuary, the project proponent
may simultaneously apply for the clearance from the
standing committee of NBWL.
iv. Provisions for management of construction and demolition
activities related thereto as contained in Construction and
Demolition Waste Management Rules, 2016.
v. The project affected people shall be rehabilitated in
accordance with the Resettlement & Rehabilitation plans
approved by the concerned competent authority.
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vi. This is issued with the approval of the Competent
Authority.
Sd/-
(Sundar Ramanathan)
Scientist ‘E’ ”
12. The affiant has denied the statements and averments made
in paragraphs 11 and 13 of the writ petition that the acquisition
of land for the project is being carried out under the provisions of
National Highways Act, 1956. It is stated that the competent
authority for the land acquisition under the Act is the
Collector/Deputy Commissioner of the respective district and that
the District Collector/competent authority Ri-Bhoi District has
carried out extensive public consultation meeting with village
headmen of the affected areas on 11th December 2024; that in the
public consultation meeting, certain issues were raised by the
village headmen and stakeholders, especially with regard to the
proposed alignment in certain areas as the proposed alignment
passed through village water sources, paddy fields and
agricultural lands. It is stated that the issues and objections
raised by the stakeholders were given proper consideration and
the alignment was shifted ensuring the village water sources are
not affected and paddy fields are minimally affected. Further
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according to the affiant, another public consultation meeting was
held with all the headmen of the affected villages on 25th
February, 2025 on the modified alignment in which the village
headmen and other stakeholders expressed their satisfaction for
the proposed Greenfield High-Speed Corridor. To the affidavit, is
annexed the minutes of the meeting held on 25th February, 2025.
13. The relevant part of the minutes of the meeting dated 25th
February, 2025, which is at Annexure-3 at page 26, reads thus:
“The Chairman highlighted the agenda of the meeting and
informed the members present that after due consideration in
addressing the concern raised by the Headmen of sense villages
on the 11 December, 2024 for shifting the alignment from major
water source and paddy field, the National Highways &
Infrastructure Development Corporation Limited (NHIDCL) has
prepared the final alignment (Greenfield Project Alignment)The Chairman then handed over the time to the
representative from NHIDCL for the presentation of the
alignment.
1. The representative from NHIDCL presented the alignment
through power point village wise keeping in view of the
changes made through request and site inspection in
considering for shifting of the alignment on critical
locations like water source, churches, cemetery, paddy field
etc. It was informed that reservations of villagers as
expressed in earlier public consultation meeting, the
alignment had been revised and paddy fields, water sources
have been avoided from coming under PRoW of the
alignment of the proposed High-Speed Corridor.
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2. Representatives of NHIDCL further informed that due care
will be taken during construction to ensure damage to
natural water sources and suitable directions will be issued
to Contractor once appointed.
3. During the presentation, some changes have been made to
the alignment at certain critical locations.
In view of the above deliberations held, the village headmen
and village committee representatives expressed their satisfaction
for the new proposed Greenfield alignment High Speed CorridorThe representative from NHIDCI informed the Chairman that
they will be conducting the Geotechnical survey at certain
location along the new proposed alignment for the construction of
bridges and request the Chairman to kindly instruct the village
headmen to cooperate and allow the team in conducting the
survey.”
14. In paragraph 7 of the affidavit, the affiant has denied the
averments made in paragraphs 12 and 14 of the petition and has
stated that the High-Speed Corridor project and the Shillong-
Dawki project are two different projects in different districts with
different and distinct terrain and topography; that the DPR of the
High-Speed Corridor has taken into account adequate measures
for fragile hill ecosystem prone to landslides and ecological
concerns based on expert advice of National Institute of Rock
Mechanics (NIRM), Bengaluru, were being engaged as expert in
High-Speed Corridor project for this specific purpose. Further, it
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is categorically stated in paragraph 8 of the affidavit that all
aspects of the project have been studied and considered in the
DPR.
15. It is further categorically stated in paragraph 15 that based
on available alignment, records and mapping, the core sacred
area of Lum Sohpetbneng falls outside the proposed land
acquisition and also outside the direct impact area of the project
and that the stakeholder consultations were also undertaken
during the planning stage with local authorities and stakeholders
to consider cultural sensitivities.
16. In paragraph 19, the affiant has denied the averments
made in paragraphs 20(G) and 20(H) of the petition and stated
that the study to compare the available alternatives and deciding
on the best and optimal option with minimum social,
environment and financial impact is part of the DPR process and
that the said study has been carried out by the DPR consultant
with presentations given to the State Government officials and
after conducting public consultations organised by the district
administration.
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17. Dr. N. Mozika, learned DSGI on instruction states that the
Office Memorandum and whatever is stated in the affidavit will be
followed in right earnest without any infraction. Statement
accepted.
18. He further states that as per the SOP dated 6th February,
2023, in particular A i.e. risk assessment, landslide management
plan and disaster management plan, (i) and (ii), will be strictly
complied along with other SOPs. Statement accepted.
19. On behalf of the respondent Nos.1 and 2 i.e., State of
Meghalaya, an affidavit has been filed by Shri Abhilash Baranwal,
IAS, Deputy Commissioner, Ri-Bhoi District, Government of
Meghalaya. The affiant in the said affidavit has stated that the
proposed project is a centrally approved infrastructure project
which envisages the construction of a four-lane highway corridor
running through 18 villages in Ri-Bhoi district i.e., from Pyllun
village to Lumsohphoh village. The proposed project aims to
enhance the connectivity between Shillong, Guwahati and Silchar
and reduce travel time between the same, thereby boosting trade,
tourism and economic integration.
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20. In paragraph 15 of the affidavit, the affiant has stated that
the State has duly consulted with the village headmen and
Dorbar Shnongs to allay and address the concerns raised by
them; and that joint measurement surveys were being conducted
and village headman as well as village committee representatives
have been included as key participants for the purpose of
verification, demarcation and recording of land boundaries. It is
further stated that the Dorbar Shnongs are duly consulted for the
purpose of greater community acceptance, reinforcing the
legitimacy of the survey outcomes (to the affidavit is annexed the
minutes of the meeting dated 25th February, 2025).
21. In paragraphs 16 of the affidavit, the affiant has further
stated that preliminary steps such as surveys and alignments
finalisation are standard preparatory activities undertaken by the
government towards demarcation of the boundary of land under
the National Highways Act, 1956; and that these preliminary
steps do not constitute final land acquisition or diversion,
towards which due process as laid down in the statute are being
followed and that all the stakeholders are being given the
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opportunity to raise their objections. It is further stated that the
objections raised by the stakeholders are resolved by the
competent authority by giving opportunity of hearing and making
such further inquiry as required under Section 3C of the National
Highways Act, 1956. It is further in paragraph 16 stated as
under:
“16. That it is submitted that preliminary steps such as
surveys and alignment finalization are standard
preparatory activities undertaken by the government
towards demarcation of the boundary of land under
National Highways Act, 1956. It is submitted that these
preliminary steps do not constitute final land acquisition or
diversion, towards which due processes as laid down in the
statute are being followed and all the stakeholders are
being given the opportunity to raise their objections. It is
submitted that the objections raised by the stakeholders
are resolved by the competent authority through due
process of giving opportunity of hearing and making such
further inquiry as required under Section 3C of the
National Highways Act, 1956.”
22. It is categorically stated in paragraph 17 of the said
affidavit that as far as the issue of proximity of proposal project
with the sacred sites (Lum Sohpetbneng) is concerned, no portion
of the traditionally recognised sacred sites is affected by the
proposal project and the proposed alignment for the High-Speed
Corridor is approximately 500 meters away from the sacred sites.
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It is further stated that such proximity has been evaluated during
detailed surveys. It is further stated that the project has been
undertaken with due consultation with the village headmen and
Dorbar Shnongs so as to address the concerns raised by them.
23. As far as environmental safeguards are concerned, in
paragraph 18 of the said affidavit, it is stated as under:
“18. That it is submitted that in view of the fragile hill
ecosystem of the State of Meghalaya, particularly Ri-Bhoi
district, measures relating to biodiversity safeguards and
mitigation measures are proposed to be adopted through
alignment optimization to avoid sensitive catchment areas.
Further, extensive tunnelling and bridging are proposed to
be undertaken wherever needed in order to minimize hill
cutting and ecological disruption.”
24. As far as statutory compliances are concerned, the relevant
paragraphs 19 to 23 of the said affidavit are reproduced
hereinbelow:
“19. That as part of the due process towards receiving
environmental clearances, the proposed project shall be
placed before a “Project Screening Committee” under Rule 9
(7) of the Van (Sanrakshan Evam Samvardhan) Rules,
2023, which shall examine the completeness, correctness
and feasibility of the proposed project and ensure that
deficiencies, if any, are identified and addressed.
Thereafter, the project shall be taken up for further
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processing towards grant of Forest Clearance in accordance
with various statutory requirements.
20. That in this regard, it is submitted that the proposed
project comprises four packages, and submission of
proposals for diversion of forest land for non-forest use in
respect of the remaining three packages is under process
from the end of user agency i.e., National Highways &
Infrastructure Development Corporation Limited (NHIDCL).
21. That it is to be noted that the Ministry of Environment,
Forest & Climate Change, Government of India (MoEF&CC),
vide notification No. S.O. 3194 (E) dated 14.07.2022,
amended the Environmental Impact Assessment
Notification No. S.O.1533(E) dated 14.09.2006 issued by
(MoEF&CC). It is submitted that by way of the aforesaid
amendment, a new clause was inserted:
“(ii) All Highway projects are exempted upto 100 km
from line of control or border subject to compliance of
Standard Operating Procedure notified in this regard
from time to time.”
22. That it is submitted that the Standard Operating
Procedure (SOP) referred to in the aforesaid amendment
was issued vide Office Memorandum No. F. No. IA3-
22/40/2022-IA.III[E198668] dated 06.02.2023, providing
guidelines to be followed for all the road/highway projects
which are exempted from environmental clearance, on
account of their location falling within 100 km from the
international border/Line of Control.
23. That it is most respectfully submitted that the proposed
project of Greenfield High-Speed Highway Corridor is at the
preliminary stages and all statutory compliances, including
forest diversion approval and other regulatory permissions,
are under active consideration in accordance with law. The
apprehensions raised in the petition are, therefore,
premature and speculative.”
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2026:MLHC:371-DB
25. Considering what is stated in both the affidavits and the
statement made across the Bar by Dr. Mozika, learned DSGI on
behalf of the concerned respondent, we do not find any merit in
the aforesaid PIL, having regard to the fact, that the authorities
have accepted and agreed to follow the SOP as reproduced
hereinabove and all statutory obligations cast on them
scrupulously. From the affidavits filed, we find that the concerns
raised by the petitioner have been answered as of today, i.e., the
authorities have assured to scrupulously follow all what is stated
in the affidavits, by taking steps to protect the environment,
natural streams, cultural sites, etc.; that permissions will be
sought of all authorities before commencement of the project, as
required and that no rules/regulations/permissions will be
flouted.
26. Needless to state, that the petitioner is at liberty to file a
fresh petition, if a fresh cause of action so arises in future.
Page 26 of 27
2026:MLHC:371-DB
27. Petition stands disposed of accordingly.
(W. Diengdoh) (Revati Mohite Dere)
Judge Chief Justice
Meghalaya
17.04.2026
"Lam DR-PS"
Signature Not Verified
Page 27 of 27
Digitally signed by
LAMPHRANG KHARCHANDY
Date: 2026.04.21 17:07:38 IST