Meghalaya High Court
Registrar General, vs . State Of Meghalaya & Ors on 29 April, 2026
Author: W. Diengdoh
Bench: W. Diengdoh
Serial No. 01
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
PIL No.6/2026
Date of order: 29.04.2026
Registrar General, Vs. State of Meghalaya & ors
High Court of Meghalaya
Coram:
Hon'ble Mrs. Justice Revati Mohite Dere, Chief Justice
Hon'ble Mr. Justice W. Diengdoh, Judge
For the Petitioner : Mr. Philemon Nongbri, Amicus Curiae
For the Respondents : Mr. A. Kumar, Advocate General with
Ms. R. Colney, GA
Dr. N. Mozika, DSGI with
Ms. K. Gurung, Adv
On 22nd April, 2026, suo motu cognizance was taken of the
incident which took place on 20th April, 2026, in which two
persons lost their lives after being trapped inside the Mahindra
Bolero Camper on the Shillong-Dawki Road. The incident was a
result of massive boulders crashing on the vehicle, following a
landslide at Mawlieh. In the said order, we had noted that two
incidents had taken place on the same very stretch, one in 2023
and the other in 2025, leading to loss of lives. By the said order,
we had directed Mr. Kumar, learned Advocate General and Dr.
Mozika, learned DSGI to submit a status report on the next date.
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We had also directed a senior responsible officer of NHIDCL to
remain present on the next date i.e., today. Pursuant thereto, an
officer of NHIDCL is present today. In order to assist us, we had
also appointed Mr. Philemon Nongbri, as Amicus Curiae.
2. Pursuant to the aforesaid order, Dr. Mozika, learned DSGI
appearing for the respondent-NHIDCL has submitted a report of
the said Corporation dated 28th April, 2026. The said report is
taken on record. From the said report, it appears that initially the
contract for package-II was awarded to M/s ARSS Infrastructure
Projects Ltd., at a contract value of ₹210 crores on 24th November,
2020, on Engineering Procurement and Construction (EPC) mode.
The commencement date of the project was 26th December, 2020
and the scheduled date of completion was 26th December, 2022
(two years construction period). It further appears that the
contract with M/s ARSS Infrastructure Projects Ltd. was
terminated on 25th May, 2023 due to several reasons, mainly
being slow progress and abandonment of the site by the
contractor. It further appears that in view of the same, the
balance work was awarded to M/s YFC Projects Private Limited in
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JV with M/s ACE Construction on 16th October, 2023 at a
contract value of ₹200.69 crores on EPC mode. The
commencement date of the project was 9th February, 2024 and
the scheduled date of completion is 7th August, 2026 (2.5 years
construction period). Further in the report, the topography of the
area is mentioned and steps that are intended to be taken for
permanent remedial measures are also mentioned.
3. Mr. Kumar, learned Advocate General has also tendered the
status report on behalf of the respondent-State dated 27th April,
2026. The said report is also taken on record. It is further
mentioned in paragraph 6 of the said status report that the State
government through its concerned departments is taking
immediate steps to address the safety concerns highlighted in the
PIL and to prevent recurrence of such tragic incidents. The steps
are:
(a) strict enforcement of the road closure order dated 21st April,
2026, with deployment of personnel at barricades erected at both
ends of the affected stretch from Laitlyngkot to Mawlieh;
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(b) thorough spot inspection and ground safety assessment has
been directed by the Sub-Divisional Officer, Pynursla to be
conducted by competent authorities, including representatives of
PWD (Roads), NHIDCL and its contractor to assess the current
condition of the stretch and identify areas requiring immediate
stabilization;
(c) NHIDCL has been directed to take necessary and immediate
measures in coordination with the contractor and the State
departments concerned to ensure proper stabilization, storage
and disposal of loose rocks resulting from blasting operations, so
as to mitigate the risk of rockslides and landslides along the said
corridor;
(d) information pertaining to the incident and the road closure
will be widely disseminated to the general public through
appropriate channels and commuters will be advised to use
alternative routes wherever available; and
(e) that the State government has directed a detailed inquiry into
the causes of the incident and will take appropriate action in
accordance with law against all those found responsible for lapses
in maintenance of safety standards.
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4. During the course of hearing, Mr. Kumar, learned Advocate
General has submitted that the Government of Meghalaya has
taken a decision to award ex-gratia payment of ₹4 lakhs to the
next of kin of the victim whose lives were lost due to landslide,
under the Pynursla C&RD Block. The said decision evidencing the
same is taken on record. He states that the ex-gratia payment will
be made at the earliest, once the next of kin are identified.
5. Mr. Nongbri, learned Amicus submits that the NHIDCL is
bound to follow the guidelines issued by the Indian Roads
Congress (IRC). He tendered the Hill Road Manual, the Guidelines
on Safety in Road Construction Zones and the Judgment of the
Apex Court in S. Rajaseekaran v. Union of India & ors
reported in (2026) 2 SCC 207. He submits that as per the IRC
manual, the authorities are bound to follow the guidelines
stipulated therein i.e., with respect to slope stability, erosion
control and landslide correction; safety on hill roads; traffic
management and rock blasting. He further submits that members
of the IRC be constituted to submit a report to this Court with
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respect to the shortfalls in the construction and non-compliance,
if any, of the guidelines.
6. Dr. Mozika, learned DSGI, at this stage, states that hill
roads expert or empanelled experts in this field will be appointed
at the earliest, in order to enable them to conduct safety
assessment of the area, so that prompt and immediate steps can
be taken to ensure that no further incident takes place.
7. Infact, in the status report, Dr. Mozika has annexed the
minutes of the meeting held on 11th April, 2026, just a few days
prior to the incident. It is noted that, based on various site
inspections carried out in Mawlieh village and a letter dated 6th
April, 2026 received from the ADC, Pynursla Civil Sub-Division, it
was observed that the existing protection wall from chainage
35+180 to 35+500 (RHS) is inadequate and the area is currently
exposed to high risk due to vulnerable terrain conditions. Further
it is noted, that continuous landslides indicate that the existing
situation poses a potential threat to the house of residents at the
crest and in the vicinity of the hill cutting as well as impacts the
safety of the general public at the said location. Accordingly, the
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EPC contractor was directed to remove the fractured rock to
prevent further falling of boulders onto the existing road and to
immediately undertake benching work. Subsequently, the slope
was to be covered with 20-micron plastic sheet to prevent water
percolation into the hill slope. Infact, paragraph 2 of the said
letter reflects the shortfalls of the contractor and measures
required to be taken by the EPC contractor.
8. Paragraph 3 on page 22 of the said report also shows that
the EPC contractor had informed that protection works are
required at certain locations and accordingly, the Authority
Engineer (AE) was directed to assess such locations based on site
conditions. Thereafter, the AE was to instruct the EPC contractor
to submit the COS proposal, if required. It further appears from
the letter that the EPC contractor had submitted the pending
designs and drawings of the foundation and structure of A1
(minor bridge at Ch.60+445) to the AE for necessary approval and
accordingly, the AE was directed to process and accord approval
of the same. Further, the EPC contractor was directed to submit
the pending designs and drawings for the minor bridge at
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Ch.60+900 by 20th April, 2026 without fail for necessary approval
by the AE. In paragraph 3, it was also noted that the progress of
structural work was significantly slow and, in this regard, the
EPC contractor was directed to increase requisite machinery and
manpower and to ensure adequate construction material
available at the site to expedite the structural works. Further, it is
noted in paragraph 3 that the condition of the existing road was
found to be in very poor condition and in this regard, the EPC
contractor was directed to immediately undertake maintenance of
the existing road to keep it in a traffic-worthy condition and safe,
for road commuters, failing which, the authority would undertake
the maintenance at the contractor’s risk and cost, as per the
contractual provisions.
9. Thus, from the aforesaid, it appears that prima facie, there
has been laxity on the part of the EPC contractor and other
authorities that were supposed to overlook the said construction.
In this view of the matter, we also deem it appropriate to direct
the NHIDCL to pay compensation of ₹6 lakhs to the next of kin of
each of the deceased within two weeks from today. The said
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amount to be transferred directly into the account of the next of
kin and a receipt be submitted on the next date evidencing
payment made to the next of kin of the deceased. Needless to
state, that the NHIDCL to recover the said amount from the erring
contractor and other authorities/officials responsible for the said
incident after conducting a detailed inquiry.
10. Dr. Mozika at this stage states that the report of the hill
experts will also be placed before this Court on the next date.
Needless to state, that the NHIDCL to abide by the guidelines
published by the IRC i.e., on safety in road construction zones
and hill road manual and any other guidelines as may be
applicable to them. Needless to also state, that in the event
learned Amicus intends to visit the area, all such facilities,
including transportation, will be provided for his to-and-fro travel.
11. Dr. Mozika to also place on record the basis on which
contractors are selected while awarding such contract, and
whether the contractor has the requisite expertise for
construction of roads in hilly areas/region.
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12. Stand over to 18th May, 2026.
(W. Diengdoh) (Revati Mohite Dere)
Judge Chief Justice
Meghalaya
29.04.2026
"Lam DR-PS"
Signature Not Verified
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Digitally signed by
LAMPHRANG KHARCHANDY
Date: 2026.05.05 10:35:25 IST
