Sunday, October 2, 2022

Gauhati High Court issues notice on PIL seeking direction to quash notification

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The Gauhati High Court has recently issued notice on a Public Interest Litigation (PIL) seeking direction for setting aside and quashing the notification declaring Chalfilh Tlang and its adjoining areas as Reserved Forest Area along with the Digitized Map showing the aforesaid Chalfilh Tlang as Reserved Forest area.

The PIL has been filed by Lalhruaizela Ralte, Chairman, All NGO Co-Ordination Committee of Lailak and Khanpui Villages, and others.

It was the case of the petitioner that the National Green Tribunal (NGT) by an order dated 19.01.2022, directed the government of Mizoram to demolish the buildings constructed on top of Chalfilh Tlang as tourist project for undertaking the aforesaid constructions in violation of Section 2 of the Forest (Conservation) Act, 1980 and without obtaining an environmental clearance as required under the EIA Notification 2006.

The NGT has granted time for demolishing the said unauthorized buildings on or before 17.05.2022, failing which, it has been stated the officers concerned shall have to face consequences under Section 26 of the National Green Tribunal Act, 2010. The NGT, by an order dated 17.11.2021, also directed that once the demolition has been carried out and debris removed, government of Mizoram will also be responsible for restoration of the entire land in question, including the road, back to its original form for which specific directions would be given later on.

Upon hearing the learned counsels for the parties and perusal of the documents on record, the Aizawl Division Bench of Justice Ajit Borthakur and Jutice Marli Vankung found it expedient to give an opportunity to the respondents to file their response. Therefore, the Bench issued notice to the Respondents.

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