Balancing Ecology and Development: Meghalaya High Court’s Verdict on Shillong-Dawki Highway

The Hon’ble High Court of Meghalaya, in the case of Shri Kaustav Paul v. State of Meghalaya and Others [PIL No. 13/2022], dated December 3, 2024, underscored the importance of balancing environmental conservation with infrastructure development. The highway project, spanning five segments, has long been overdue and is considered critical for the state’s welfare, linking Shillong to the Bangladesh border. However, the felling of 103 trees for the project sparked concerns, leading to the PIL seeking to halt the removal of the trees and prioritize environmental safeguards.

The court had previously directed the National Highways and Infrastructure Development Corporation Ltd. (NHIDCL) and the State Government of Meghalaya to propose afforestation measures in connection with the first phase of the highway construction. Accordingly, by an order dated November 7, 2024, a joint report was requested from NHIDCL and the State Government outlining their afforestation proposal for the area surrounding the “first package” of the highway.

However, it was later revealed that the trees in question had already been felled by the authorities, raising concerns about compliance with environmental safeguards.

In its affidavit dated December 2, 2024, it was stated that:

• NHIDCL acquired 16.107 hectares of land in Nongumiang Village, Meghalaya, at a cost of ₹1,98,43,824/- with due approval on February 3, 2021, and handed it over for compulsory afforestation to the Divisional Forest Officer, West & South Khasi Hills, on February 25, 2021.
• NHIDCL paid ₹3,87,11,297/- to the Compulsory Afforestation Management and Planning Authority Fund (CAMPA) for costs associated with compulsory afforestation, net present value (NPV), avenue plantation, and soil conservation on May 19, 2020, and August 7, 2020.

The Hon’ble High Court of Meghalaya, comprising Chief Justice IP Mukerji and Justice W. Diengdoh, acknowledged the importance of the Shillong-Dawki highway as a critical infrastructure project for Meghalaya’s development and connectivity and instructed authorities to expedite its completion while adhering to previous interim orders. It mandated strict adherence to afforestation measures as detailed in NHIDCL’s affidavit, ensuring ecological restoration in affected areas. Acknowledging that the 103 trees had already been felled, the Hon’ble High Court accepted NHIDCL’s compensatory payment to the CAMPA Fund as compliance with environmental norms. With these directives, the PIL was disposed, emphasizing the need to address remaining obstructions and complete the project promptly.