In a pivotal observation, the Supreme Court has emphasized that the State should act as a “single litigant” in court proceedings, advocating for a unified approach by integrating all relevant departments. This came to light during a bench hearing led by Justice BR Gavai concerning an inter-departmental dispute involving the forest and revenue departments of Mizoram.
The matter traces back to a notification from May 1965, disputed by the two departments, which was originally declared unsustainable by a single judge of the Gauhati High Court’s Aizawl bench in January 2021. The notification involved the declaration of reserved forest areas along the Tuirial River and 15 other rivers, a crucial directive issued by the chief executive officer of the Mizo District Council.
Upon an unsuccessful appeal attempt by the State in November 2022, the Supreme Court has taken a firm stance on the matter. The bench, which also includes Justice Aravind Kumar and Justice KV Viswanathan, has exercised its extraordinary powers under Article 142 of the Constitution to restore the appeal for a thorough review on its merits by the division bench of the high court.
The apex court’s intervention underscores the significant ramifications of the Gauhati High Court’s initial ruling, noting the potential impacts on infrastructure projects like highway construction and the broader rights of citizens. The Supreme Court has stayed the judgment of the single judge pending the final decision of the appeal, which it has mandated to be concluded within three months.
Furthermore, the bench highlighted the ongoing internal disputes between the forest and revenue departments of Mizoram, stressing the need for a cohesive governmental stance in legal proceedings. To this end, the court has suggested that the chief secretary of Mizoram convene a meeting with the heads of the concerned departments to resolve these disputes swiftly, ensuring that vital developmental projects in the region are not hindered.
