The Gauhati High Court recently directed the Mizoram Chief Secretary to constitute a Verification Team, consisting of officers from the Revenue Department, Sports Department, Local Administration Department, Public Health Engineering Department and Forest Department, who will then verify as to whether there has been encroachment of the “Reserved Forest at Tlawng Hnar” by the Government, individuals, organizations, any other authority or Institutions.
The Aizawl Division Bench of Justice Michael Zothankhuma and Justice Marli Vankung heard a Suo Motu Public Interest Litigation (PIL) on the issue of indiscriminate felling of trees in Aizawl.
The Forest Department has not submitted its affidavit in terms of the Order dated 25.04.2022, the High Court is of the view that the affidavit to be filed by the Forest Department should also contain further information with regard to the steps taken by the Forest Department to protect the existing Forests within the State. Further, whether the afforestation programmes launched by the State Government is with regard to different types of tree species or whether it pertains to a single tree species.
The Forest Department should also provide a list of the various awareness programmes conducted by it for preservation of Forest and environment which would help biodiversity, directed by the High Court.
During the hearing the High Court observed that as per Government records, there are approximately 785 villages in the State of Mizoram, which may not be accurate as it is apparently based on the number of Village Councils in existence. However, it would be safe to say that there are approximately over 600 villages in the State. The Forest Department should clarify as to the number of schemes with regard to afforestation/ preservation of forest undertaken by it and the number of villages wherein the said schemes have been implemented, asked the Bench.
It is brought to the notice of the Court that as per the Forest Survey of India, State of Forest Report, 2021, “Very Dense Forest” cover in the State of Mizoram is only 0.74%, while the “moderate forest cover” is 27.11%. The “open forest” cover is 56.68% and the area having no forest cover is 15.47%. As per the Forest Survey of India, State of Forest Report, 2021, “Very Dense Forest” covers 0.74% which translates to 156.79 sq. kms of the geographical area of the State of Mizoram. The total area of the State of Mizoram is 21,081 sq. kms. The area of the Dampa Tiger Reserve is approximately 1000 sq. kms. The core area of the Dampa Tiger Reserve area is approximately 500 sq. kms and the buffer zone is another 500 sq. kms. The “Very Dense Forest” cover for the entire State does not even cover the core area of the Dampa Tiger Reserve, which in itself is very alarming.
The Tlawng River is the longest river in the State of Mizoram having an approximate length of 185.15 kms. The said river provides water to Lunglei, Aizawl and a host of villages near which the river flows. The volume of water in the Tlawng river has apparently shrunk by 50% in the year 2021, when compared to the volume of water in the year 2010, as published in the Frontier Despatch Magazine.
It has also been reported that the source of the Tlawng river had run dry in the past years, especially in the year 2021. It has also been stated that State Investment Programme Management and Implementation Unit (SIPMIU) is undertaking the Phase-III Project for providing water to the city of Aizawl from the river Tlawng, as the water taken from the river Tlawng under Phase-I and Phase-II Projects is insufficient to meet the needs of the city of Aizawl.
On considering the above, the Bench is of the view that SIPMIU should also be implemented as a party in the present case.
The Bench has also been provided with Notification No. FOR. 133/76-78/27 dated 04.05.1978, which is the final notification constituting the “Reserved Forest at Tlawng Hnar” in Lunglei District and which translates as “Reserved Forest at the source of the river Tlawng.” The Notification No. FOR. 133/76- 78/27 dated 04.05.1978 issued by the Development Commissioner & Ex-Officio Secretary to the Government of Mizoram, is reproduced below:-
“NOTIFICATIONSNo. FOR. 133/76-78/27, the 4 th May 1978. Under Section 21 of the Mizo District (Forest) Act, 1955 and in supersession of Executive Order No. 4 of 1963 issued by the Erstwhile Mizo District Council under Memo No. EI. 12/63/125-32 dated the 10 th October, 1963 the Lt. Governor (Administrator) of the Union Territory of Mizoram is pleased to issue final Notification constituting a Reserved Forest at Tlawng hnar in the Lunglei Sub-Division (now Lunglei District), the limit of which is described below. The area described as such shall be deemed to have become a Reserved Forest under the said section with effect from the 1 st February, 1963.
DESCRIPTION OF BOUNDARYStarting from the point where the Aizawl-Lunglei road crosses the Tlawng river near Zobawk up the Tlawng river to the junction of the first small stream on the right bank and then Pu Rosiama’s garden, and thence the small stream to its source on the Arthladawn ridge and thence along the Arthladawn ridge, towards Sairep till it meets again Tlawng hnar stream, and thence up the Tlawng hnar stream to its source to the Ramri kawn on the Lunglei-Tuipang road, where boundary pillar between Theiriat ram and Sairep ram stands. Then, it follows the ridge northwards towards Theiriat to the Leisekawt where it meets the LungleiTuipang road, and thence along the road to the source of Lungpher stream (a saddle where the Zobawk-Sairep pumpelh path branches from the main road) and thence down to Lungpher Stream till it meets the Aizawl-Lunglei road and thence along the Aizawl-Lunglei road towards Zobawk to the starting point.“
The Court is of the view that the affidavit to be filed by the Forest Department should also reflect the status of the “Reserved Forest at Tlawng Hnar” as on date. The English translation of “Hnar” is “source” and “Tlawng” is the name of the longest river of Mizoram. The Forest Department shall also state in their affidavit, as to whether there is any encroachment within the boundary area of the “Reserved Forest at Tlawng Hnar” as provided in the Notification dated 04.05.1978.
It has been brought to the notice of the Bench that there is a Mini Sports Complex built near the “Tlawng Hnar” by the Sports Department and a District Park built by the Local Administration Department. It has also been stated at the bar that some individuals have made water connection tanks at the source of the river Tlawng, besides the Revenue Department having allegedly issued Land Settlement Certificates/Periodic Pattas/Passes etc. It has also been alleged that the Village Lungpuizawl is within the Reserved Forest and Stone Quarries are also being run by some individuals.
“The above information needs to be verified by the State Government. Accordingly, the Chief Secretary, Mizoram is directed to constitute a Verification Team, consisting of officers from the Revenue Department, Sports Department, Local Administration Department, Public Health Engineering Department and Forest Department, who will then verify as to whether there has been encroachment of the “Reserved Forest at Tlawng Hnar” by the Government, individuals, organizations, any other authority or Institutions”, the order reads.
The Court directed that the Verification Team should be constituted within a period of 3 (three) weeks and the Verification Team should thereafter make an enquiry with regard to whether there has been encroachment of the Reserved Forest at “Tlawng Hnar” and submit their report to the Chief Secretary within a further period of 4 (four) weeks. The Chief Secretary shall thereafter submit the said report by way of an affidavit. The Forest Department should submit their affidavit before the next date.
The matter is listed on 12.07.2022 for further hearing.