The Gauhati High Court took Suo Moto cognizance of landslides that have been occurring during the present monsoon season in the Bawngkawn and Durtlang (Leitan) road, which is close to the Leitan area.
The Aizawl Division Bench of Justice Michael Zothankhuma and Justice Marli Vankung noted from the newspaper report that landslides have occurred due to the earth being cut on the side of the road for construction purposes, purportedly for a petrol pump.
On perusing the newspaper reports and having seen the area, the Court was surprised that the earth is being cut/extracted from steep cliffs, for the purpose of making constructions which is purportedly not in terms with the Master Plan for Aizawl Vision 2030, wherein development on slopes of more than 36 degree was to be discouraged.
Landslides that have been occurring in the said place on a few occasions during the present monsoon season, has disrupted not only traffic, but also the livelihood of people within the Aizawl District and the State of Mizoram. Though there is a road connecting Kawnpui to Aizawl from Sairang -Khamrang village etc., the said road is apparently in a very bad condition, which has made drivers of small vehicles take the alternative route from Bawngkawn to Durtlang towards Kawnpui. Huge trucks having more than 10 tires usually take the Aizawl – Khamrang – kawnpui road as it is less steep and as it is wide. The Bawngkawn – Durtlang – Kawnpui road on the other hand is narrow and very steep and big trucks do not use the said road. However, due to the landslide that keeps occurring due to the excavation of earth in the Bawngkawn – Durtlang road for construction activity, normal life in the District has been thrown out of gear. Though there is another road that can be availed of through the Zuangtui area, the same is also in a bad condition, besides being a long and winding road. The above being said, the fact remains that some individuals/persons are attempting to make constructions in the Bawngkawn – Aizawl road which is a very steep road, having very steep inclines/cliffs on both sides of the road, the Bench noted.
“It is surprising to learn that the authorities i.e., the State Government and the Aizawl Municipal Corporation have not taken any steps to discourage construction activity on the Bawngkawn – Aizawl road, which would be in public interest, keeping in view the various civic amenities that would have to be provided. As the State Government and the AMC are not interested in taking serious note of the issue at hand, this Court has to step in, keeping in view the fact that public interest outweighs private interest.”
The Court noted that houses are being built left, right and center on either side of the said road, purportedly on the permission given by the AMC. The slope on either side of the road is in all probability more than 60 degrees and it is not understood as to how the AMC has allowed the construction activities on both sides of the road, besides apparently giving permission/approval to the person who is apparently cutting earth near the Leitan area, which has led to massive landslides thereby affecting the lives of the citizens in Aizawl – Durtlang area.
Though the Court has taken Suo Motu notice of the issue, the Court have also received a letter issued by the Convener of Indian National Trust for Art and Cultural Heritage (INTACH) (Mizoram Chapter), which states that construction activity is currently under way on the steep, ecologically fragile slope, posing significant threat to the environment, human and wildlife habitats. The letter further states that the construction site located at Bawngkawn – Durtlang (Leitan) road is situated on a slope that is already prone to landslides and erosion. The ongoing activity is exacerbating the situation, causing irreparable harm to the ecosystem and putting the surrounding community at risk. This was also highlighted in the last Master Plan for Aizawl Vision- 2030, Volume II (para 5.3.1), wherein it has been clearly mentioned that ‘development on slope more than 36 degree should be strongly discouraged’.
The Court has noted that the Single Bench of the High Court has passed an order dated 23.11.2023 in Petition of 2020 wherein a direction was issued to the UD&PA as well as Revenue Department and the AMC with regard to whether construction activity should be allowed in the Bawngkawn – Durtlang (Leitan) road.
On considering the issue in this Suo Moto PIL, the Court is of the view that the following should be made parties to the case:-
(i) INTACH Mizoram Chapter represented by the Convener towards Zawkawt Aizawl as petitioner.
The following should be made the respondents:-
(i) The State of Mizoram represented by the Chief Secretary, Aizawl, Mizoram.
(ii) The Secretary to the Government of Mizoram, Land Revenue & Settlement Department.
(iii) The Secretary to the Government of Mizoram, UD&PA.
(iv) The Secretary to the Government of Mizoram, Home Department.
(v) The Deputy Commissioner, Aizawl District, Aizawl.
(vi) The Superintendent of Police, Aizawl District, Aizawl.
(vii) The Aizawl Municipal Corporation represented by the Municipal
The Court issued notice to the respondents.
The Bench directed that no new construction activity shall henceforth be allowed on either side of the Bawngkawn – Durtlang (Leitan) road. Further, any construction activity that has started but where the construction activity has not surpassed/completed one floor of the said construction of any building, the same shall be stopped immediately. Any construction activity in relation to the petrol pump to be built on the side of the said road should be stopped immediately and The Municipal Commissioner, the Deputy Commissioner and the SP, Aizawl shall file an affidavit within a period of 2 (two) weeks, in relation to the direction passed by the Court regarding stoppage of all new construction activity being implemented in the Bawngkawn – Durtlang (Leitan) road.
“The above direction will however not be applicable to construction activity that is being undertaken for the purpose of stoppage of any future landslides, like retaining wall etc”, the Court clarified.
All approvals given by the AMC for construction of any new construction and in which no construction activity beyond the first floor has been completed, shall be kept in abeyance. No construction activity should be allowed to take place on the AMC approved construction plans. Further, the AMC shall provide the list of persons whose buildings plans have been approved, but who have not completed their constructions beyond the first floor of the building etc, the Bench directed listing the matter on 1 st August, 2024.