The Gauhati High Court on Tuesday issued notice to the Assam government to file an affidavit in response to the PIL seeking a stay on the administration’s move to fell heritage trees in and around Dighalipukhuri for a flyover project.

A division bench comprising Gauhati High Court’s Chief Justice Vijay Bishnoi and Justice UK Nair issued the notice to the four respondents — the state government, the special chief secretary (environment & forest), PWD department and the Assam Pollution Control Board.

The court order said that "the advocate general “is granted some time to file counter to the writ petition on behalf of respondents.” The court will hear the matter on November 13.

The court order said that the PIL petition was filed by Mahesh Deka, Chandan Kumar Borgohain and Jayanta Gogoi “raising a grievance” over the State agencies’ decision to construct two arms, i.e. Tayabullah Road (390 m) and West Dighalipukhuri Road (250 m) “connecting the under construction elevated corridor/road on GNB Road from RBI office in Ambari to FCI Godown in Noonmati”.

The PIL has “contended that on account of construction of the above referred two arms (of the flyover), the old trees, aged about 100 years or more, in and around the Dighalipukhuri pond, are required to be fell down which may be detrimental to the environment and eco-system as a whole. It is contended that those hundred years old trees are symbol of heritage and therefore, should be protected at any cost”.

Advocate General Saikia, appearing for the State, informed the Court that “the matter is under active consideration of the State government and the chief minister as well as the chief ministers' office (CMO) has already assured that the government is trying to find out a possible alternative for the up-coming GNB flyover in order to avoid West and East Dighalipukhuri Road and to avoid felling of the said heritage trees in the area”.

Saikia said in court that the trees which were identified and marked at Dighalipukhuri were not for cutting.

On October 30, chief minister Himanta Biswa Sarma and the CMO had issued a tweet each expressing the BJP-led government’s commitment to preserve the city’s heritage and environment but the assurance failed to convince those protesting against the administration’s move to fell “heritage trees” at Dighalipukhuri to build the the city’s longest flyover.

Counsel for the petitioner, Vikram Rajkhowa, said the state government will have to spell out its detailed stand and plan regarding Dighalipukhuri in an affidavit.