The central legal point established in the judgment is the need to consider all-round development, minimum displacement of people, and the impact on infrastructure and ecology in making decisions related to the construction of public infrastructure projects.

JUDGMENT :

A.K. Goswami, J.

Heard Mr. R. Dubey, learned counsel for the appellants. Also heard Mr. T.C. Chutia, learned State counsel, Mrs. V.L. Singh, learned standing counsel, National Highway & Infrastructure Development Corporation Limited (NHIDCL) and Ms. N. Bordoloi, learned standing counsel, Revenue & Disaster Management Department.

2. Challenge in this writ appeal is to the judgment & order dated 02.08.2018 passed by the learned Single Judge in WP(C) No.4319/2014 dismissing the said writ petition. The writ petition was filed by 66 writ petitioners. The present appeal is preferred by 27 writ petitioners as appellants.

3. Subject matter in dispute, essentially, lies on the question as to whether the fourlane National Highway-37 should be constructed through Dergaon Town or whether the said Highway is to be constructed through a bypass, as was proposed in Dergaon Master Plan. The process for starting the construction of the National Highway was started sometimes in the year 2005-06 and till now the Highway has not seen the light of the day as construction of the bypass along the southern side of Dergaon Town could not be commenced and it remained a non-starter due to objections raised by cross-sections of the people. The bypass was to be constructed along the southern side of Dergaon Town from Km 426.810 and ending at Km 437.450. As per the Master Plan in force, if the bypass is constructed, for the length of 11.64 Kms, more than 600 Big has of land are required to be acquired. On the other hand, if the National Highway is taken through Dergaon Town, then only 23.34 Big has of patta land are required to be acquired.

4. In the affidavit of NHIDCL, it is stated that as per the original Project Report, it was proposed to construct the four-lane National Highway by expanding National Highway37 passing through Dergaon Town and the same was also accepted by the National Highway Authority of India (NHAI). The same had to be changed subsequently in view of the zoning regulations of Dergaon Master Plan, which led to proposal being considered for constructing a bypass along the southern side of Dergaon Town.

5. The learned Single Judge at Paragraphs 19, 20 & 24 observed as follows:-

"19. What can be culled out from the deliberations as noted above is that initially the decision was to have the four-laning of the National Highway through Dergaon town by widening the existing NH-37. But after preparation of the Master Plan, it was decided to construct a bypass on the southern side of Dergaon town which would be in conformity with the Master Plan and the four-laning would be routed through the bypass. At that stage, it was not visualized that this proposal would run into serious resistance from the farmers as well as from organizations agitating for the rights of the farmers. The objections were so severe that no survey work could be carried out. Thereafter, meetings were held with various stakeholders wherein view expressed by the majority was that four-lane should be through Dergaon town by widening the existing NH-37. Various reasons have been given to support the said view including cost benefit analysis of the two proposals, one proposal being having four-laning through Dergaon town and the other being having four-laning along the southern bypass. After several rounds of discussions, it seems that the public as well as the authorities have veered around to the proposal to have the four-laning through Dergaon town. The authorities have also indicated that if necessary, Master Plan can be amended.

20. While this debate is going on, more than a decade has passed without any tangible work being undertaken for four-laning of the National Highway in Dergaon area. An infrastructural project of such importance has got bogged down in public debate and litigation because of which project has not seen the light of the day. This will inevitably lead to price escalation. Such delay in the implementation of a project of national importance is certainl