The Gauhati High Court disposed of a Public Interest Litigation (PIL) alleging that land belonging to the Forest Department, Assam situated in the border area separating Mizoram and Assam, has been encroached by people from the Mizoram and despite being aware of the said fact, the Assam Government has not taken appropriate steps for evicting the encroachers from such forest land.
A. Kalita, Additional Advocate General, submitted that the State is disputing the stand of the petitioners to the effect that the forest land of Assam is under encroachment by people from Mizoram.
According to Kalita, the larger issue involved in this matter is the inter-state boundary dispute and efforts are on at the highest level to resolve the dispute at the earliest. Expressing hope that a breakthrough will be achieved in the matter in the near future, the Additional Advocate General, Mizoram submitted that at this stage, no order is required to be passed in the matter by the High Court.
By referring to the affidavit filed on behalf of the respondent No. 2 (Secretary , Ministry of Home Affairs , Government of India) , R.K.D. Choudhury (Deputy Solicitor General of lndia) has also supported the stand of Kalita by submitting that there is an interstate boundary dispute between the two neighbouring states and the matter is being looked into at the level of Union Home Ministry, with the participation of both state governments. Since the issue is sensitive in nature, no judicial order is required to be passed at this stage.
K.P. Pathak, standing counsel, Forest Department, Govt. of Assam, submitted that although he is not denying encroachment of forest land, yet, considering the border dispute between the two States and the steps initiated at the highest level, he is not in a position to make any further submission in the matter.
The Division Bench of Justice Suman Shyam and Justice Susmita Phukan Khaund found that on 08-03-2021, the respondent No. 2 has filed an affidavit making following statements.
“2. As far as Respondent No. 2 is concerned, following points are submitted with reference to contentions made in PIL No. 70/2020:-
(i) There is boundary dispute between Assam and Mizoram. Ministry of Home Affairs (Government of India) has been urging bilateral talks between the State Governments of Assam and Mizoram to resolve the Inter-State Boundary issue and de-escalate tension.
(ii) Union Home Secretary held discussions with Chief Secretaries and DGPs of Assam and Mizoram on 19.10.2020 and urged upon them to take steps for restoration of normalcy and peace on the inter-state border. Joint Secretary (North East) also visited disputed border areas on 21.10.2020 and held discussions with the Senior Officers of both the State Governments at Silchar, Assam. Union Home Secretary held discussions again on 29.10.2020 with the Chief Secretaries of Assam and Mizoram and it was decided that the Deputy Commissioners of both sides with Superintendents of Police and Divisional Forest Officers should meet to find ways to restore normalcy. It was also suggested that the deployment of police force by both the states be on their side of the borders to de-escalate the tensions on the border. Subsequently, another VC was convened by the Union Home Secretary on 08.11.2020 with the Chief Secretaries of the Governments of Assam and Mizoram wherein, it was agreed that both the State Governments would take necessary steps for restoring peace along Assam-Mizoram border, including withdrawal of Armed Police deployed by the disputing States.
(iii) Since Law and Order is a State Subject, the Ministry of Home Affairs has repeatedly urged upon both the State Governments to work towards the restoration of complete peace and amity and de-escalate tensions along the border areas.”
From the stand taken by the respondent No. 2, the court held that there is an interstate border dispute between Assam and Mizoram which had led to a tense situation among people living on either side of the border. The affidavit also mentions about law and order issues which is required to be resolved by the respective State Governments. The fact that the Ministry of Home Affairs, Govt. of India is looking into the matter for restoration of peace and amity between the people of both the States is also visible.
A bare reading of the aforesaid affidavit, considered in the light of the submissions made by the counsel for the parties, leaves no room for doubt that this is not a ordinary case of encroachment of land but is an inter-state boundary dispute which has to be resolved at the highest level by giving utmost importance to maintenance of public peace and law and order. Since the respondents’ counsel have assured the Court that the matter will be resolved soon through an amicable process at the intervention of the Ministry of Home Affairs, Govt. of India with the assistance of both the State Governments, the High Court do not deemed it appropriate to keep the PIL pending before the Court any further. The PIL is accordingly closed by the High Court.
However, it is clarified by the High Court that once the inter-state boundary dispute is resolved, if the petitioners continue to feel aggrieved in the matter, then it will be open for them to approach the Court once again, by filing a fresh petition.