Meghalaya High Court
Kynjaimon Amse vs . National Highways Authority on 20 March, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No. 01
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
PIL No.11/2022
Date of order: 20.03.2026
Kynjaimon Amse Vs. National Highways Authority
(since deceased) of India (NHAI) & ors
Coram:
Hon'ble Mrs. Justice Revati Mohite Dere, Chief Justice
Hon'ble Mr. Justice W. Diengdoh, Judge
For the Petitioner : Mr. S. Panthi, Amicus Curiae
For the Respondents : Mr. S. Sengupta, Adv for NHAI
Mrs. S. Laloo, GA
On 19th March, 2026, the following order was passed:
“The matter was adjourned by consent on 11th March, 2026 to
enable the learned Amicus and Mr. Sengupta, learned counsel
for NHAI to visit the Jowai By-Pass and Ratacherra,
considering the statement made on affidavit by Shri Anand
Singh Chauhan, Project Director, NHAI, in paragraph 4 that
the strengthening and improvement work for the entire Jowai-
Ratacheera section has been completed by both the
contractors.
2. Mr. Panthi, learned Amicus and Mr. Sengupta, learned
counsel visited the entire stretch to verify the veracity of the
statement made on affidavit by Mr. Chauhan. Pursuant
thereto, a report has been submitted by Mr. Panthi. The said
report dated 19th March, 2026 is taken on record. To the
report are annexed photographs of the potholes. It appears
that in the portion of the road at Byndihati, Tonseng before
the bridge, there are big potholes in the middle of the road,
Ratacherra near the petrol pump. There are also big potholes
in Tonseng warranting immediate attention. It is further
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mentioned in the report that the guard walls, drain erected in
most the stretches, slabs are either blocked or not in order
leading to water logging in some of the stretches. Therefore,
prima facie it appears that the statement made by Mr.
Chauhan in the additional affidavit dated 23 rd February,
2026 is incorrect.
3. This petition is pending since 2022 with respect to the
repair and restoration work of the road (done by NHAI) on the
Jowai-Ratacherra road (NH-6). Almost four years have lapsed
and yet the road is not completely done as stated in the
affidavit.
4. Learned Amicus seeks time to place the incorrect
statements made by the NHAI in their affidavits/report. Time
granted.
5. Shri Anand Singh Chauhan, Project Director, NHAI to
remain present in Court tomorrow i.e. 20th March, 2026.
6. Stand over to 20th March, 2026″.
2. Pursuant to the aforesaid order, Shri Anand Singh
Chauhan, Project Director, NHAI is present in Court, today.
3. Mr. Panthi, learned Amicus states that the Project Director
has been filing reports stating therein that the road works
between Jowai By-Pass and Ratacherra have been completed,
when infact, the same is not completely done and there are still
huge craters/potholes in several areas. He submits that the
affidavits and reports filed by the Project Director, NHAI are
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nothing but an attempt to hoodwink the Court by annexing
photographs only of completed areas and indirectly, an attempt to
mislead the Court. Mr. Panthi submits that when he visited the
area between Jowai By-Pass and Ratacherra covering an area of
about 102.225, he found that some of the roads are in an
extremely poor condition with huge craters/potholes requiring
vehicles to navigate through the same. Mr. Panthi had tendered a
report on 19th March, 2026, to that effect. To the report are
annexed photographs which show that the statement made by the
Project Director is incorrect and misleading.
4. Infact, in the report dated 28th October, 2025 submitted
by the Project Director, NHAI duly signed by him, it is stated that
the stretch from Lumshnong to Ratacherra of NH-06, which was
the main concern of PIL No.11 of 2022, has been completely
constructed. It is further stated that the strengthening and
improvement work for the Jowai-Ratacherra section is almost
complete. At the end of the report, under the title “Completion
status (Jowai-Ratacherra section)”, it is stated as under:
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“In this regard, it is humbly submitted that the
overlay/construction work of the main carriageway has
almost been completed. The remaining works related to road
furniture, including road marking, are in progress and are
likely to be completed in all respects by 15.11.2025.”
5. Learned Amicus states that the little work that remained to
be done i.e. relating to road furniture, including road marking, as
per the said report dated 28th October, 2025, was to be completed
in all respect by 15th November, 2025. It appears that the same
has also not been done.
6. Again, in the report submitted by the Project Director dated
2nd February, 2026 to the Court, it is stated that the
strengthening and improvement work for the entire Jowai-
Ratacherra section has been completed, which was the main
concern of the PIL and the package-wise details were mentioned
in the said report. Under the column “Completion status (Jowai-
Ratacherra section)”, the Project Director has stated as under:
“In this regard, it is most respectfully submitted that the
overlay/construction work of the main carriageway of the
subject stretch stands completed. However, in order to
address the recurring issue of landslides at certain
vulnerable locations, which during heavy monsoon leads to
complete stoppage of traffic, a separate an independentPage 4 of 8
contract has been awarded for slope protection and allied
works at seven (07) vulnerable locations, along the Jowai-
Ratacherra section, which is presently being executed by
M/s MFB Geotech Private Limited for a contract period of one
and a half year. It is submitted that the works at these
locations are confined to small stretches of approximately 50-
100 meters each, primarily on the hill side and valley side,
and are being carried out without disturbing the main the
carriageway. At present, culvert work at Km 105 is in
progress, and the road has been kept trafficable.
It is further submitted that, barring 2-3 scattered stretches of
limited length (50-100 m each), the entire road stands
completed in all respect and is operational. Since this stretch
lies in an area experiencing extreme rainfall conditions,
among the highest in the world, coupled with heavy
commercial traffic including overloaded vehicles, activities
such as pothole repair, slope stabilization and black spot
rectification are continuous and dynamic in nature and are
undertaken periodically to improve road safety and
serviceability; however, the road itself has already been
reconstructed and completed.”
7. Infact, it is pertinent to note that in the additional affidavit
filed by Shri Anand Singh Chauhan on 23rd February, 2026,
before physical verification was undertaken by the learned
Amicus and learned Standing Counsel for the NHAI jointly of the
area, in the said additional affidavit, in paragraph 4, it has been
stated that “it is pertinent to mention that the strengthening and
improvement work for the entire Jowai-Ratacherra section has
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been completed by both the contractors.” In paragraph 8 of the
said additional affidavit, it is stated as under:
“8. That it is pertinent to mention that the culvert at Km 105
which was earlier pending completion has been completed
and all the vehicles are plying over it without any
hinderance.”
Accordingly, in the said report, it is stated that since no
cause of action survives, the Public Interest Litigation be closed.
8. Learned Standing Counsel for the NHAI has today tendered
photographs of the section pointed out by the learned Amicus
yesterday. He states that yesterday, repair work in the said
section commenced and that temporary work is being done i.e.
levelling of the work is being done so as to make it motorable. He
tenders an unconditional apology on behalf of the Project Director
for submitting the earlier reports.
9. Considering the reports filed by the Project Director, NHAI
with respect to the Jowai-Ratacherra section showing that the
work is complete, despite the same not being complete, we find
that the Project Director is attempting to prima facie mislead the
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Court into closing the petition by stating that the entire work has
been completed. But, for Mr. Panthi, learned Amicus in pursuing
the petition, and expressing his willingness to visit the stretch
and take inspection before the PIL could be closed, we would have
disposed of the petition, in view of the report filed by the Project
Director, believing the same to be true and honest.
10. Consistently, from the report dated 28th October, 2025 till
the additional affidavit filed by the Project Director as stated
aforesaid, it appears that an attempt is being made to mislead the
Court into believing that the entire work section i.e. Jowai-
Ratacherra section, is complete. The photographs relied upon by
Mr. Panthi, learned Amicus show not only incomplete road but
huge craters/potholes on the roads requiring vehicles to navigate
through the said section.
11. Considering the aforesaid, we deem it appropriate to issue
show cause notice to Shri Anand Singh Chauhan, Project
Director, NHAI, under the Contempt of Courts Act, as to why
contempt action should not be taken against him, for attempting
to mislead the Court.
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12. Accordingly, the Registry to issue show cause notice to Shri
Anand Singh Chauhan, Project Director, NHAI under Section 12
of the Contempt of Courts Act, 1971 returnable on 9th April,
2026.
13. Stand over to 9th April, 2026.
(W. Diengdoh) (Revati Mohite Dere)
Judge Chief Justice
Meghalaya
20.03.2026
"Lam DR-PS"
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