IMPORTANT POINT
Judicial review in matters of road alignment is limited; courts defer to expert recommendations unless clear violations of law or mala fides are demonstrated.

JUDGMENT :

Vijay Bishnoi, CJ

Heard Mr. T.B. Jamir, learned counsel appearing for the petitioners. Also heard Mr. L.T. Sangtam, learned Additional Advocate General, Nagaland assisted by Mr. V. Zhimomi, Junior Government Advocate, Nagaland for respondent Nos.1 to 4, Mr. Akhrieu Chusi, learned counsel for respondent Nos.5, 6 and 7 and Mr. Taka Masa, learned Senior Advocate for respondent No.8.

2. The petitioner No.1 is the Gaonbura Saptiqa and President of Saptiqa Gaonburas’ Association in the district of Zunheboto, the petitioner No.2 is a public spirited citizen hailing from Kichilimi Village under Zunheboto and is one of the co-conveners of the 17 (seventeen) Villages Public Forum. The present writ petition (PIL) has been filed raising concerns for providing proper road connectivity to 17 (seventeen) villages including Hoishe Village situated between Mukalimi and Zunheboto, namely Shesulimi, Awohumi, Kichilimi, Tukunasami, Nunumi, Shoipu, Saptiqa, Zhevishe, Usutomi, Shena Old, Shena New, Ghukiye, Kulhopu, Nikuto, Xukhepu, Zungti and Hoishe, which falls within the proposed Section-3 of the 2-lane Showuba-Pangsha, East-West Corridor Road. The stretch from Showuba to Pangsha is divided into several sections and the issue involved in the present petition is in respect of Section-3 of the 2lane Showuba-Pangsha (East-West Corridor Road) covering the stretch from Mukalimi-Zunheboto.

3. The National Highways and Infrastructure Development Corporation Limited (NHIDCL) has been entrusted with the assignment of the work of “Consultancy Services for preparation of the Detailed Project Report for 2(two) Laning with hard shoulder from Showubha connecting Phuwoto – Sendenyu – Guzunyu -Pughuboto-Saptiqa – Zunheboto – Chessore – Yakore - Noklak to Pangsha in the State of Nagaland”.

The NHIDCL has engaged a consultant and the consultant has proposed 2(two) alignment options in respect of Section 3 i.e. from Mukalimi-Aghunato.

Those 2(two) options are reproduced hereunder:

Alignment Option Option-I Mukalimi-Shesulimi-Awohumi-Kichilimi-Tukanasami-Nunumi-Saptiqa-Ghukiye-Zungti-Zunheboto-Aghunato

Option-II

Mukalimi-Chishilimi-Lukhai-Satakha-Sukhalu-Aghunato

4. It is the case of the petitioners that in respect of Section-3, i.e. from Mukalimi-Aghunato, two road alignments have been proposed as under : Option-I, Mukalimi-Shesulimi-Awohumi-Kichilimi-Tukunasami-Nunumi -Saptiqa-Ghukiye-Zungti-Zunheboto-Aghunato, i.e. the road which passes from the petitioners’ village and the Option-II : Mukalimi-Chishilimi-Lukhai-Satakha-Sukhalu-Aghunato.

It is the case of the petitioner that Option-I passes through 17 (seventeen) villages and benefits a population of approximately 19,000 whereas Option-II passes through only 3 (three) villages, namely, Chishilimi-Lukhai-Satakha and significantly benefits only one village, i.e. Chishilimi which has a population of approximately 1,000 only. The petitioners are, therefore, aggrieved by the minutes of the meeting held on 15.02.2023 between NHIDCL and Nagaland Public Works Department (NPWD) recommending the alignment at Option-II and the letter dated 25.02.2024 issued by the Under Secretary to the Government of Nagaland, Department of Works & Housing Department (Works Branch), Nagaland, Kohima, conveying the approval of the Government to the alignment at Option-II (Mukalimi, Chishilimi, Hoishe and Satakha) under Section-3 of Showuba-Pangsha 2-lane road project. In the petition, the petitioners have also sought for a direction to the respondents, particularly the respondent Nos. 1, 2 & 3 to reconsider the representation submitted by the 17 (seventeen) Villages Public Forum in respect of the Section-3 of the 2-lane Showuba-Pangsha road.

5. It appears that in a joint meeting held on 15.02.2023 between the NPWD and NHIDCL, the road alignment of Option-II was recommended while pointing out certain deficiencies in Option-I. Thereafter, some local persons had approached the Local Member of Legislative Assembly and on his insistence, the Chi