Gauhati High Court Seeks Affidavits From Centre And NHAI

15 May 2026 CW Team

The court asked NHAI to place on record a comprehensive study by the Wildlife Institute of India (WII) or another specialised agency to assess impacts on elephant movement and other wildlife, and directed the Ministry of Environment, Forest and Climate Change to file an affidavit on whether preconditions for commencement had been met with a compliance timeline. The Additional Advocate General of Assam said no trees would be felled in the meantime, and the matter is listed for May 19.

Deka's affidavit alleged that conditions set by the Standing Committee of the National Board for Wildlife (SC-NBWL) were not complied with and cited WII recommendations from Feb 20 and committee minutes of Feb 22, 2024, requiring a comprehensive independent study. The petitioner said the submitted animal passage plan was prepared by the user agency and not by WII or an independent expert.

The affidavit noted that Stage-I in-principle forest clearance granted on May 16, 2024, required strict implementation of SC-NBWL recommendations before any handing over of forest land, and that an annual compliance report submitted by NHAI on August four, 2025, had left key columns blank. Despite these issues, Stage-II or final forest clearance was granted on March three, 2026, even though the mandated WII study had not been completed according to the petitioner. The petitioners argued that diverting forest land without the independent study would breach the Van Sanrakshan Evam Samvardhan Rules, 2023 and established environmental safeguards.

The Gauhati High Court has directed the National Highways Authority of India (NHAI) and the Centre to file affidavits clarifying whether mandatory environmental and wildlife clearances were obtained before work on the Guwahati ring road, amid concerns about elephant corridors near the Amchang Wildlife Sanctuary. A division bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury on May seven granted NHAI more time to submit the affidavit. The petitioners are Arkasish Chaliha and Mahesh Deka. The court asked NHAI to place on record a comprehensive study by the Wildlife Institute of India (WII) or another specialised agency to assess impacts on elephant movement and other wildlife, and directed the Ministry of Environment, Forest and Climate Change to file an affidavit on whether preconditions for commencement had been met with a compliance timeline. The Additional Advocate General of Assam said no trees would be felled in the meantime, and the matter is listed for May 19. Deka's affidavit alleged that conditions set by the Standing Committee of the National Board for Wildlife (SC-NBWL) were not complied with and cited WII recommendations from Feb 20 and committee minutes of Feb 22, 2024, requiring a comprehensive independent study. The petitioner said the submitted animal passage plan was prepared by the user agency and not by WII or an independent expert. The affidavit noted that Stage-I in-principle forest clearance granted on May 16, 2024, required strict implementation of SC-NBWL recommendations before any handing over of forest land, and that an annual compliance report submitted by NHAI on August four, 2025, had left key columns blank. Despite these issues, Stage-II or final forest clearance was granted on March three, 2026, even though the mandated WII study had not been completed according to the petitioner. The petitioners argued that diverting forest land without the independent study would breach the Van Sanrakshan Evam Samvardhan Rules, 2023 and established environmental safeguards.

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