Explainer: Why and how are 16 rivers at risk in Mizoram?

An upcoming dam project threatens not just the forests of Mizoram, but also over a dozen rivers. And according to the latest government report, Mizoram has witnessed the highest rates of desertification in the nation. Why, then, is the state government so uninterested in defending the forests, and what lies ahead?

Where is the Riverine forest area?

The forest within half a mile on either side of 16 rivers in Mizoram comes under the Riverine Reserved Forest (RRF) area. No one can own land in these areas and any developmental works are banned. According to the India State of Forest Report, 2015, an area of 18,748 sq km which is 88.93% of the total geographical area of Mizoram, i.e. 21,081 sq km is under Forest Area. Mizoram has an area of 138 sq km of Very Dense Forest (VDF), 5,858 sq km of Moderately Dense Forest (MDF) and an area of 12,752 sq km of Open Forest (OF). Out of these, 1832.50 sq. km. comes under the Riverine Forest area.

As per the official reports, Mizoram witnessed the highest desertification in the country

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What is the issue?

The Gauhati High Court, Aizawl Bench on January 27, 2021, set aside and quashed the notification dated 28.01.1965 (Section 14, Section 21) of The Mizo District (Forest) Act, 1955 published in the Assam Gazette. The order declared forests within half a mile on either side of the 16 rivers to be a Council Reserved Forest.

Why was the Reserved forest order quashed?

The construction of the Tuirial Hydro Electric Power Project included areas owned by private individuals and pass holders received due compensation. However, many more individuals came forward claiming that they were pass holders due for compensation. As a result, NEEPCO (North Eastern Electric Power Corporation Limited) which was undertaking the construction of the Tuirial HEP withdrew from the project, thereby making the state liable for the compensation payment. Another problem faced by the alleged pass holders claiming compensation was their lands coming under the riverine forest area. As such, 681 individuals claiming to be pass holders filed a writ petition in the Gauhati HC in various batches, and thereby the Riverine reserve forest order was quashed.

A source told EastMojo that the land owners are allegedly in close relation to the current ministry and that a lawyer helping these individuals is allegedly an adviser to the Chief Minister. At first, the government was not planning to challenge the order. A notification of the General Administration Department on April 14, 2021, said the “Government of Mizoram preferred not to file an appeal to challenge the said Judgment and Order, but considered the necessity to issue an executive order for protection and preservation of the said rivers and their banks.”

As restricted areas, the 800-metre space from the middle of the river on both sides would be open for developmental projects or activities with prior approval of the government. The passes already issued were to be renewed with the approval of the competent authority. However, due to pressure from NGOs and environmentalists, the government decided to challenge the order.

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What is the latest update?

While the state government challenged the High Court order, they withdrew their appeal, much to the anger and frustration of environmental activists and NGOs. The appeal was withdrawn and the case was dropped on November 9, 2022, at a Gauhati HC division bench of Justice S Serto and Justice PJ Saikia. On November 24, 2022, a letter from Zohmingthanga, Under Secretary of the Land Revenue and Settlement Department to the General Manager of NHIDCL said as the Gauhati High Court in its order (dated 09.11.2022) disposed of the writ appeal 8 of 2021 as withdrawn, the order issued by the Hon’ble High Court, Aizawl Bench on January 27, 2021, which set aside the 1965 notification regarding declaration of forest within half a mile on either side of 16 rivers in Mizoram and within half a mile on either side of the Aijal – Silchar Road vis Sairang stíll stands.

It stated, “Therefore, the Road Reserved Forest along the Aizawl – Silchar Road via Sairang as well as other Reserved Forest area is no longer reserved forest or deemed forest unless or until an appeal against the order dated 27.01.2021 issued by the Gauhati High Court is challenged and hence, the said lands are to be treated as Revenue lands/Govt. of Mizoram lands and obtaining forest clearance or application for mutation of land in lieu of the erstwhile Council Reserved Forest area is no longer necessary.”

Environmental activists have voiced their concern over the recent developments.

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If the order is quashed, the Mizoram government will have to pay over Rs 30 crore to the alleged pass holders. Despite such a huge burden on the state exchequer and the great environmental risk, the government’s decision to retract its appeal in the High Court has aroused suspicion.

The Center for Environment Protection (CEP) in Aizawl filed a Special Leave Petition (Civil) against the quashing of the Riverine Reserved Forest. The apex NGO of Mizoram, Central Young Mizo Association has strongly voiced their support for CEP.

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Is Mizoram a green state?

The Environment, Forest & Climate change department published an achievement report for 2019-2020, which mentions a Green Mizoram program according to which 38,82,252 tree seedlings are said to have been distributed and planted from 1999 to 2019. However, according to the Indian State of Forest Report, 2021, Mizoram lost 185.21 square kilometres of its forest cover in 2019-2020. In 2021, Mizoram was shown to have the highest desertification rate in the country as per the Indian Space Research Organization. About 0.18 million hectares underwent degradation/desertification in a fifteen-year study period.