Gauhati High Court Clears Maa Kamakhya Temple Access Corridor Project, Closes PIL and Writ Petition

Guwahati: The Gauhati High Court earlier this week permitted the Assam government to proceed with the proposed “Maa Kamakhya Temple Access Corridor Project,” closing a Public Interest Litigation (PIL No. 12/2024) and a related writ petition challenging the project on heritage and religious grounds.

The Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury heard arguments from counsels representing the petitioners and the State government, including Advocate General D. Saikia and senior government advocates.

The PIL had sought issuance of a White Paper on the proposed construction of the access corridor and raised concerns that the project could damage the ancient structure of the revered Maa Kamakhya Temple, the Dasa Mahavidyas temples, natural water springs, sacred caves, and the Nilachal Hill, worshipped by devotees as the embodiment of Lord Shiva. The petitioners also sought restraint on construction or renovation activities in protected and prohibited areas.

A related writ petition, filed by Navajyoti Sarma and tagged with the PIL, challenged the tender process initiated by the State through a Notice Inviting Tender dated November 27, 2023, alleging violations of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and the Assam Ancient Monuments and Records Act, 1959.

Petitioners argued that the project posed a serious risk to the temple premises and could disrupt religious practices, amounting to desecration and sacrilege.

During the proceedings, Advocate General Devajit Lon Saikia had earlier assured the Court that no construction would proceed until all clearances, including research and hydrological impact reports from IIT Guwahati and other agencies, were obtained. However, an affidavit filed by the Special Commissioner and Special Secretary of the PWD (Building & NH) Department stated that the project was undertaken under the PM-DEVINE scheme to develop the temple area, noting that the frontal facade of the temple had been compromised over time due to unplanned residential and commercial constructions crowding the open spaces meant for pilgrims.

The State informed the Court that the project was conceived with the understanding that there would be no interference with the architecture and ancient sculptures of the temples, and that IIT Guwahati was entrusted to conduct hydrological and geophysical studies to ensure the project would not damage the sacred underground water springs. An MoU was signed between PWD and IIT Guwahati in June 2024, and the National Institute of Hydrology, Roorkee, was also commissioned to conduct further studies. The reports were vetted by IIT Guwahati and found to be viable and non-damaging.

The Court was informed that structural plans and designs, incorporating recommendations of IIT Guwahati and the National Institute of Hydrology, had already been submitted to the government and placed on record.

In view of these developments, the Advocate General sought permission to withdraw his earlier undertaking restraining construction. The Bench observed that with the research material incorporated in the structural design, there should be no embargo on the State proceeding with the project to provide improved access and amenities for pilgrims.

The Court reiterated assurances from the State that the project would be executed strictly as per approved designs and without affecting the temples or underground holy water springs in any manner.

Finding no reason to continue the PIL and writ petition, the Court disposed of both cases, granting liberty to the petitioners to revive the petitions by filing a two-page affidavit in case any breach is noticed during execution of the project.

Both petitions were accordingly disposed of.

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