Guwahati: Gauhati High Court has allowed state govt to proceed with the execution of the Maa Kamakhya Temple Access Corridor Project under the PM-DevINE scheme that aims to provide a facelift to temples.The division bench of chief justice Ashutosh Kumar and justice Arun Dev Choudhury said, “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. We order accordingly.”
Two petitions were filed before the high court in 2024 — one by Gitika Bhattacharjya and 12 others seeking a white paper on the proposed construction of the project and another by Navajyoti Sarma challenging the tender process initiated by state govt relating to the project and alleging violations of the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (hereinafter referred to as “Act of 1958”) and the Assam Ancient Monuments and Records Act, 1959 (hereinafter referred to as “Act of 1959”).The first petition sought a clarification from the govt through the Public Works Department that the proposed construction of the access corridor will not cause any damage or destruction to the ancient structure of the revered Maa Kamakhya Temple, the Dasa Mahavidyas Temple, the natural water springs and the natural caves, which is treated as the cosmic womb and sanctum sanctorum of the Dasa Mahavidyas, and the sacred Nilachal Hill, which is worshiped by the devotees as the embodiment of Lord Shiva.On the other hand, Navajyoti Sarma contended that if the project is implemented, there would be a serious risk of the premises of the Maa Kamakhya Temple being adversely affected, and there would also be disruption of the religious practices performed in the temple, which, ultimately, may lead to desecration.An affidavit, sworn by the special commissioner & special secretary, PW (B&NH) Department, Assam, was filed before the court by state govt on Thursday.The court said in the order that in the affidavit, it has been stated that the project has been taken up for the purposes of development of the temple area under the PM-DevINE Scheme.“The frontal facade and vista of the temple appear to have been compromised over a period of time because of unplanned residential and commercial buildings, most of which present rebarbative look, which have come up cramming the open spaces in front of the temple, which could be used by the pilgrims, or which could have been used by the state to develop amenities and all-weather facilities for the pilgrims,” the court said.Advocate general (AG) D Saikia has stated before the court that the project was initially conceived with the understanding that there shall be no interference with the architecture and ancient sculptures of the temples in and around the main sanctum sanctorum.He said the state is also conscious of the possibilities of the adverse impact on the underground holy water springs that may occur with the initiation and completion of the project. “With this apprehension in mind, IIT, Guwahati, had been entrusted to carry out hydrological and geophysical studies of the proposed construction area to find out as to how the execution of the project should be carried out without damaging the sacred underground natural water spring,” he added.An MOU was signed between the PWD (Building) and the IIT, Guwahati, in June 2024. To avoid any adverse impact on the main temple and the holy underground water springs, as well as for preservation of the ancient and sacred monuments in and around the temple, he added that the services of the National Institute of Hydrology (NIH), Roorkee, were also commissioned for conducting a study concerning the possible hydrological and geophysical impact. The report was submitted and has been vetted by the IIT, Guwahati and “is found to be a viable and non-damaging option for the state to carry out the project”, he told the court.The court also took note of the fact that the structural plans and their design, which were prepared by the consultant based on the report of the NIH, Roorkee and the recommendations of the IIT, Guwahati, have been submitted to the govt.While stating that “there should not be any embargo for the state to proceed with the construction or execution of the project”, the court reiterated the assurance of the AG that the “execution of the project would be as per the drawings and designs approved by the IIT, Guwahati and the project would be executed without affecting the temples in any manner whatsoever.”The AG added that the “project would be executed without even in the least affecting the underground holy water springs.”With this order, the court disposed of the petitions with the liberty to the petitioners to have these petitions revived in case any breach is noticed hereafter till the final execution of the works.
