The Supreme Court has emphasized that the State should present a unified stance in legal matters, acting as a “single litigant” after consulting all relevant departments.
This remark came from a bench led by Justice BR Gavai while addressing internal disputes between the forest and revenue departments of the Mizoram government concerning a May 1965 notification.
The issue stems from a single judge ruling of the Gauhati High Court’s Aizawl bench in January 2021, which held that a notification in the Assam Gazette dated May 19, 1965, declaring certain forest areas as “Council Reserved Forests” was not legally sustainable. The state had initially appealed the decision but later withdrew its appeal in November 2022, retaining the option to file a new one if necessary.
Various parties, including the state of Mizoram and the National Highways and Infrastructure Development Corporation Limited (NHIDCL), highlighted the challenges posed by the ruling. They urged that the appeal be reinstated and resolved based on legal merits.
Given the wide-reaching implications of the high court’s single judge ruling on matters like highway construction and citizens’ rights, the Supreme Court agreed that the case should be restored and decided promptly. The bench, which also included Justices Aravind Kumar and KV Viswanathan, exercised its extraordinary powers under Article 142 of the Constitution to restore the appeal to the division bench of the high court. The court requested the high court to expedite the decision and resolve the matter within three months.
Additionally, the Supreme Court extended its previous stay on the high court’s ruling, allowing it to remain in effect until the appeal is resolved. Acknowledging the internal disputes between the forest and revenue departments, the bench advised Mizoram’s chief secretary to hold discussions with the secretaries of both departments to find a resolution, ensuring that crucial development projects are not delayed.
The bench reiterated that the State must function as a unified entity in court, ensuring a cohesive approach after consulting all concerned departments.
(With inputs from agency)
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