Page No.# 1/13 GAHC010076132026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL(Suo Moto)/1/2026 XXX XXX VERSUS IN RE- THE STATE OF MIZORAM AND 4 ORS REP BY THE CHIEF SECRETARY, MIZORAM SECRETARIAT, AIZAWL- 796001 2:THE SECRETARY TO THE GOVT OF MIZORAM PUBLIC WORKS DEPT AIZAWL 3:THE SECRETARY TO THE GOVT OF MIZORAM URBAN DEVELOPMENT AND POVERTY ALLEVIATION DEPTT AIZAWL 4:THE SECRETARY TO THE GOVT OF MIZORAM LAND REVENUE AND SETTLEMENT DEPTT AIZAWL 5:THE SECRETARY TO THE GOVT OF MIZORAM . ENVIRONMENT FOREST AND CLIMATE CHANGE DEPTT AIZAW Advocate for the Petitioner : MR. T J MAHANTA, SC, GHC Advocate for the Respondent : GA, MIZORAM, Page No.# 2/13 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 02.06.2026 (M. Zothankhuma, J) Heard Mr. T.J. Mahanta, learned Senior counsel for the petitioner. Also heard Mr. B. Deb, the learned Advocate General, Mizoram. 2. This is a public interest litigation, submitted by an environmental activist, Ms. Saizampuii Sailo, on the basis of a representation dated 25.03.2026, regarding the proposed widening of the main road of Aizawl, specifically from Bazar Bungkawn to Treasury Square, to 14 metres, due to which a number of old and big trees have been cut in the vacated Assam Rifles’ land in Aizawl. 3. The said environmental activist has submitted the representation on behalf of the Centre for Environment and Social Justice (CESJ), an NGO, wherein the Government of Mizoram proposed to cut 174 trees, in the heart of Aizawl City, on the land vacated by the Assam Rifles. The case of the environmental activist was that there are a number of trees, which acts as a carbon sink for the city of Aizawl, which is basically a concrete jungle and instead of safeguarding the trees, which are many years old, the Government has proposed to cut down the trees, which would do more Page No.# 3/13 harm than good to the people living in Aizawl. 4. Mr. B. Deb, the learned AG, Mizoram submits that the Government of Mizoram has initiated measures for integrated urban improvement and public utility development in the area vacated by the Assam Rifles, with the objective of addressing long standing issues relating to traffic congestion, public accessibility, civic amenities and urban infrastructure. Accordingly, a master plan was prepared indicating that more than 60% of the total area would remain as green/open space and the remaining portion would accommodate public utility infrastructure and civic amenities. 5. The learned AG also submits that as a part of urban re-development of the western edge of the vacated land, taken over from the Assam Rifles, adjoining the existing main road from Bazar Bungkawn to Treasury Square covering approximately 665 meters, was proposed for widening and improvement of the existing road infrastructure to a maximum 14 meters wherever possible. Further, the road improvement work involves modification of existing retaining walls and limited felling of trees situated along with the proposed alignment. 6. The learned AG also submits that initially 170 trees were identified for felling in connection with public road widening and associated infrastructure works to be undertaken by the Govt. The Forest Department permission Page No.# 4/13 was also taken for the same under Section 2(4) of the “Guidelines for Felling and Removal of Trees from Municipal Areas of Cities, Towns, Villages and along Highways and other Government/Public Lands in Mizoram”. However, after reviewing the revised road alignment and prevailing site conditions, the respondents found that 107 trees were required to be cut. After revisiting the project, it was found that 53 out of 107 trees could be retained. As on date, 44 trees have been fell already. On considering the entire issue again it was again found that only an additional 23 trees were required to be felled, beyond the 44 trees that have already been felled. In this regard, the learned AG has taken us through the chart made in para 6 of the affidavit-in-opposition filed by respondent No. 3, i.e., on behalf of the Secretary to the Government of Mizoram, UD&PA Department. 7. The chart at para 6 of the affidavit of the respondent No. 3 is reproduced herein below as follows:- Description No of Trees Remarks Total trees originally identified 170 Permission Granted Trees requiring formal permission for felling 107 Verified by Forest Department Trees Exempted from felling 63 No permission required(107-63=107) Trees approved for felling (Excluding exemptions) 107 Permission granted Page No.# 5/13 Trees to be retained under new alignment 53 To be preserved/retained Trees already felled 44 Previously removed Trees remaining to be felled (as per current alignment) 10 Additional trees to be felled (as per the newly revised alignment) 13 Permission to be sought Total trees to be felled (as per the newly revised alignment) 23 8. The learned AG submits that the State Government being fully conscious and responsible of the environmental concerns associated with tree felling within the heart of Aizawl city, has ensured that the UD&PA department has sanctioned a sum of Rs. 47,34,000/-, for planting 2000 tree saplings which will not be less than 3 ft. in height in the Assam Rifles land, in lieu of the felled trees. He also submits that the tree saplings will be well attended to. Further, Commissioner & Secretary to the Government of Mizoram has issued Order No. C-13/4/2026-UD&PA dated 29.05.2026 stating that no more trees beyond 23 trees mentioned above shall be felled, for the road widening project, public utility infrastructure and civic amenities. 9. The order dated 29.05.2026 issued by the Commissioner & Secretary to the Government of Mizoram is as follows:- Page No.# 6/13 No. C-13/4/2026-UD&PA GOVERNMENT OF MIZORAM URBAN DEVBLOPMINT & PROVERTY ALLEVIATION DEPARTMENT ORDER Aizawl, the 29th May, 2026 Whereas, the Hon'ble Gauhati High Court in PIL (Suo Moto) No. 1/2026 has taken cognizance of matters relating to felling of trees for development works involving public utility infrastructure and civic amenities; And whereas, the Government of Mizoram has submitted before the Hon'ble Court that only 23 (twenty-three) trees are proposed to be felled for the said purpose; Now, therefore, in compliance with the observations and directions of the Hon’ble Gauhati High Court, and in continuation of the undertaking submitted before the Hon’ble Court, the Government of Mizoram hereby orders as follows: 1. Restriction on Felling of Trees: No trees beyond the 23 (twenty-three) trees already reported before the Hon'ble Court shall be felled for the said project. 2. Public Utility Infrastructure & Civic Amenities: No more than the aforesaid 23 (twenty-three) trees shall be felled for development of public utility infrastructure and civic amenities. Further, all concerned Departments and executing agencies shall make every possible effort during execution of the works to save 2-3 trees out of the said 23 trees, if found feasible. 3. Plantation and Maintenance of Saplings: The Divisional Forest Officer, AizawI Forest Division, EF&CC Department shall ensure proper planting, Page No.# 7/13 maintenance, and care of the newly planted saplings in lieu of the trees felled. In the event that any sapling dies at any stage, the same shall be replaced with a new sapling by the concerned authorities. 4. Responsibility of Departments: The Public Works Department (PWD), Urban Development & Poverty Alleviation Department (UD&PA), and the Environment, Forest & Climate Change Department shall jointly ensure strict compliance with this Order. This Order is issued for strict compliance by all concerned and for submission before the Hon ble Gauhati High Court in connection with PIL (Suo Moto) No. 1/2026. Sd/- K. LALTHAWMMAWIA Commissioner & Secretary to the Govt. of Mizoram Urban Development & Poverty Alleviation Department Memo No. No. C-13/4/2026-UD&PA Aizawl, 29th May, 2026”. 10. Mr. T.J. Mahanta, learned Senior counsel submits that as far as possible, development and environmental concerns should go hand in hand and in this respect, he submits that the huge banyan tree near the main gate of the vacated Assam Rifles land, which is near the temple and behind the bus stand and near the barrack should not be cut by the respondents. 11. Mr. B. Deb, learned AG submits that the State respondents will not cut the huge tree i.e., near the main gate of the Assam Rifles land and behind the bus Page No.# 8/13 stand. He also submits that the respondents will try to save some more trees within the 23 trees that have been identified for felling, if the same is possible. 12. We have heard the learned counsels for the parties. 13. At the outset, we have to understand that global warming is taking place and the trees are essential for life on earth. The trees are responsible for purifying air, by absorbing carbon dioxide and releasing oxygen. They provide natural cooling and prevent soil erosion. They support bio-diversity and provide homes and food for countless birds, insects and animals. No one can doubt the benefits that nature provides to us through trees. 14. Article 48 A of the Constitution of India states that the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. Article 51 A (g) says that one of the fundamental duties of every citizen of India is to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. In the case of State of Telangana & Ors. Vs. Mohd. Abdul Qasim (Died) Per Legal Representatives, reported in (2024) 6 SCC 461, the Supreme Court held that forest not only provides for and facilitates the sustenance of life, but they also continue to protect and foster it. Para 45, 46 & 49 of the said judgment states as follows:- Page No.# 9/13 “45. Human beings indulge themselves in selective amnesia when it comes to fathom the significance of forests. It is the forests which give life to the Earth by replacing carbon dioxide with oxygen, thereby providing a hospitable environment for the steady growth of diverse life forms. It is the spirit of the forest that moves the Earth. History shall not be understood from the jaundiced eyes of human but through the prism of the environment, the forest in particular. 46. Forests not only provide for and facilitate the sustenance of life, but they also continue to protect and foster it. They continue to tackle the ever- increasing carbon dioxide emissions produced by humans in the name of development, while striving to sustain all species. Despite the unblemished, selfless and motherly service rendered by forests, man in his folly continues with their destruction, unmindful of the fact that he is inadvertently destroying himself. 49. There is a crying need for a change in our approach. Man being an enlightened species, is expected to act as a trustee of the Earth. It is his duty to ensure the preservation of the ecosystem and to continuously endeavour towards the protection of air, water and land. It is not his right to destroy the habitat of other species but his duty to protect them from further peril. A right to enjoy cannot be restricted to any specific group, and so also to human beings. The time has come for mankind to live sustainably and respect the rights of rivers, lakes, beaches, estuaries, ridges, trees, mountains, seas and air. It is imperative to do so as there is always a constant threat to forests due to the ever- increasing population. Man is bound by nature's law. Therefore, the need of the hour is to transform from an anthropocentric approach to ecocentric approach which will encompass a wider perspective in the interest of the Page No.# 10/13 environment.” 15. The Supreme Court in the above case in Mohd. Abdul Qasim (Supra) has also held that the wealth of a country has to be seen not only from the perspective of mere revenue through industries and business activities. Rather, it has to be seen by giving due importance to its natural wealth which actually contributes much more than the other factors. It has also held that while considering economic benefits of development, the invisible value and benefits provided by the forest shall also be factored into. Para 63 of the said judgment states as follows:- “63. Not being an adversarial litigation, the court shall utilise all possible resources, including scientific inventions, in its endeavour to preserve the environment. While adopting an ecocentric approach, the concept of inter- related existence has to be kept in mind. A narrow or pedantic approach should be avoided. While considering the economic benefits, the invisible value and benefits provided by the forests shall also be factored into. There has to be an inclusive approach, which should be society-centric, meaning thereby that all species should coexist with minimum collateral damage. The effort is to minimise the damage to the environment, even in a case where the need for human development is indispensable. While having a pragmatic and practical approach, courts will have to weigh in the relevant factors and thus, perform a balancing act.” 16. In the case of Rajeev Suri Vs. Delhi Development Authority & Ors., reported in (2022) 11 SCC 1, the Supreme Court held that the expression Page No.# 11/13 “sustainable development” contemplates that the development ought to be sustainable with the idea of preservation of natural environment for present and future generations. The right to development is not limited to the idea of infrastructural development, rather, it entails human development as the basis of all development. It also held that there is immense interdependence between the right to development and the right to natural environment. Para 520, 521 & 522 of the said judgment are reproduced herein below as follows:- “520. The principle of sustainable development and precautionary principle need to be understood in a proper context. The expression "sustainable development" incorporates a wide meaning within its fold. It contemplates that development ought to be sustainable with the idea of preservation of natural environment for present and future generations. It would not be without significance to note that sustainable development is indeed a principle of development, it posits controlled development. The primary requirement underlying this principle is to ensure that every development work is sustainable; and this requirement of sustainability demands that the first attempt of every agency enforcing environmental rule of law in the country ought to be to alleviate environmental concerns by proper mitigating measures. The future generations have an equal stake in the environment and development. They are as much entitled to a developed society as they are to an environmentally secure society. 521. By the Declaration on the Right to Development, 1986, the United Nations has given express recognition to a right to development. Article 1 of the Declaration defines this right as: Page No.# 12/13 "1. The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate Bain, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized." 522. The right to development, thus, is intrinsically connected to the preservance of a dignified life. It is not limited to the idea of infrastructural development, rather, it entails human development as the basis of all development. The jurisprudence in environmental matters must acknowledge that there is immense interdependence between the right to development and the right to natural environment.” 17. On considering the fact that the initiative taken by the State Government is to utilize less than 40% of the total vacated land for development, public utility infrastructure and civic amenities and keeping in view the efforts sought to be undertaken by the Government to minimize tree felling, we do not intend be a stumbling block to developmental projects of the Government, especially when they have tried to make a balance between development and preservation of most of the trees. The development, as we know, refers to the improvement and the quality of life in compassing year’s growth and social progress, whereby living standards and access to health care etc have to also be considered. However, the development projects to be made in the vacant Assam Rifles land should also provide for environmental stability. In this regard, the State Government should keep in view the observations of the Hon’ble Supreme Page No.# 13/13 Court, with regard to the importance to be given to the environment, so that we can give a green and livable land to our future generations. As the State respondents have taken a decision to cut only 23 more trees, minus the big tree near the main gate of the vacated Assam Rifles, the PIL stands closed. Interim order passed earlier stands vacated. JUDGE JUDGE Comparing Assistant