SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Gau) 9738

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Michael Zothankhuma, Kaushik Goswami, JJ
... ... – Appellant
Versus
IN RE- THE STATE OF MIZORAM AND 4 ORS – Respondent
PIL(Suo Moto)/1/2026



Advocates:
For the Appellants/Petitioners: T J Mahanta, P Sharma
For the Respondents: P Bhattacharyya

The Court granted interim protection against the felling of century-old trees in Aizawl, emphasizing that the State must justify the removal of critical carbon sinks and heritage-linked greenery during urban road widening projects.

Headnote:(A) Environmental Protection - Tree Felling - Urban Road Widening - Cutting of century-old trees that serve as carbon sinks in a concrete jungle requires a proper explanation from the State Government to balance development with environmental preservation. (Para 3, 5)

(B) Heritage Conservation - Urban Planning - Protection of heritage sites - Felling of trees in areas containing heritage structures (e.g., barracks from 1897) necessitates judicial scrutiny to prevent irreparable loss of historical and ecological value. (Para 4, 5)

Issues: Whether the State Government can proceed with the felling of century-old trees for road widening without providing a proper explanation regarding the environmental and heritage impact.

Table of Content
1. initiation of pil regarding the environmental impact of urban road widening and tree felling. (Para 1 , 2 , 3 , 4)
2. recognition of the ecological value of carbon sinks and the historical value of heritage sites. (Para 5)
3. granting of interim protection to prevent further environmental degradation pending state explanation. (Para 6 , 7 , 8 , 9 , 10)

ORDER

(M. Zothankhuma, J)

Heard Mr. T.J. Mahanta, learned Sr. Counsel appearing for the Gauhati High Court, assisted by Ms. P. Sharma. Also heard Ms. P. Bhattacharyya, learned Additional AG, Mizoram appearing for all the respondents.

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 there is a proposal by the Government of Mizoram to cut 174 trees, in the heart of Aizawl City, on the land vacated by the Assam Rifles. The case of the environmental activist is that there are 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 harm than good to the people living in Aizawl.

4. Besides the representation submitted by the environmental activist, we have also noticed the articles published in The Times of India dated 20.04.2026 and The Assam Tribune dated 20.04.2026 as well as the article published in the Aizawl Post, dated 16.04.2026. We have been made to understand that there are approximately more than 400 trees that have been identified in the vacated Assam Rifles’ land, out of which approximately 174 trees have been identified for cutting. These trees are around 100 years old and in fact, the tree that has been shown in the Aizawl Post dated 16.04.2026 had apparently been planted in the year 1850.

5. The above being said, we are aware that the vacated Assam Rifles’ land also has a barrack area, which had apparently been constructed in 1897 and it is a heritage site. This felling of very old trees, which are in the middle of Aizawl city, needs to be explained by the State Government.

6. Issue notice, returnable on 18.05.2026.

7. Ms. P. Bhattacharyya, learned Additional AG, Mizoram accepts notice on behalf of all the respondents. Ms. P. Bhattacharyya submits that she will obtain instructions with regard to this matter and also submits that the Government will look into the matter seriously.

8. Mr. T.J. Mahanta, learned Sr. Counsel appearing for the Gauhati High Court submits that the matter needs serious attention and that no tree should be cut without there being proper explanation for the same. He also submits that interim protection needs to be granted till the next date.

9. On the prayer of the parties, list the matter on 18.05.2026.

10. In the interim and until further orders, the State Government/respondents shall ensure that no further tree is cut in the vacated Assam Rifles’ land in the heart of Aizawl City.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top