The Gauhati High Court was of the view that the State Government should initiate steps to protect the trees and that there should not be any large scale felling of trees on that area for commercial purposes.
The Aizawl Bench of Justice Michael Zothankhuma and Justice Marli Vankung heard a Suo Motu Public Interest Litigation (PIL) of Indiscriminate Felling of Trees in Aizawl City.
D. Das, Advocate General submits that the State respondents need more time to file up-to-date report with regard to the percentage of survival of trees for the period from 2021 to 2023, as the said report would be available only in the month of December, 2023.
The Advocate General also submits that he needs some time to obtain instructions with regard to whether guidelines or rules have been made before deep well boring is allowed to be done by private individuals and whether deep well boring affects the Tlawng river.
The Advocate General has submitted the Mizoram (Protection of Rivers) Act, 2023, which came into force on 19.09.2022. He submits that he needs instructions with regard to whether the provisions therein, especially Chapter-3 of the Act, has been acted upon.
It is noted by the High Court that from the various orders passed in this Public Interest Litigation, the main concern in this case is with regard to de-forestation and the affect it has on the river system and climate in the State of Mizoram. The above being said, it has been brought to the notice of this Court that there are a significant number of trees still standing in the Reiek and Ailawng Village Council area and if steps are not taken to check de-forestation of trees of that area, the affect of de-forestation would be to the detriment of the inhabitants of the State.
“On considering the fact that there are still a number of trees in the Reiek and Ailawng Village Council area, we are of the view that the State Government should initiate steps to protect the trees and that there should not be any large scale felling of trees on that area for commercial purposes.”
Further, the timber from the Reiek and Ailawng Village Council area should not be allowed to be taken out from the said areas. In this regard, the Secretary to the Government of Mizoram, Forest Department and the Principal Chief Conservation of Forest (PCCF) should pass necessary orders and instruct the Forest Check Gates, to ensure that no timber is taken out from the areas mentioned above, till further orders are passed by the Court , the Court directed posting the matter on 11.12.2023.