Locals and environmental activists in Mizoram have slammed the National Highways and Infrastructure Development Corporation (NHIDCL) for violating environmental laws and regulations while undertaking highway projects in the state.
Activists have alleged environmental laws violations in four national highways widening projects by NHIDCL in Mizoram namely: NH-09 (27.247 KM stretch between Seling and Zokhawthar), NH-102B (323 KM stretch between Keifang and Manipur), NH-302 (10 KM stretch between Lunglei-Tlabung), and NH-54 (372 KM stretch between Aizawl and Tuipang). NHIDCL's website states that NH-54 widening is a joint venture by Gawar Pvt Ltd and SCCPL.
On 19 July 2022, over 2,000 people participated in a rally led by the Youth for Environment Justice Mizoram (YEJM) against these projects in Mizoram’s capital city Aizawl. During the rally, spearheaded by social activist Vanramchhuangi, the protesters alleged that rivers and forest lands are being destroyed indiscriminately due to the construction or widening of National Highways across Mizoram.
In its memorandum to the office of the Principal Chief Conservator of Forest (PCCF), the YEJM alleged that the NHIDCL has completely disregarded and violated Environment Management Plan (EMP) within the framework of the EIA and also social considerations while disposing of their spoil soils by callously shoving them down the constructed slope, wiping away all biodiversity which are in the way of the disposed spoil soils. It demanded an immediate stay order for highway projects of NHIDCL.
In response to a silent protest by Vanramchhuangi, the Mizoram government in May 2022 instructed Divisional Forest Officers to visit construction sites where the NHIDCL is widening national highways. Following the DFOs visit, the government issued a stay order to the NHIDCL to stop its work in some construction sites following the discovery of environmental violations.
Deputy Commissioner of Saitual, VL Hruaizela, informed that a vast area of forest land, rivers, rivulets, or streams, and ponds have been destroyed due to failure to dispose of soil to ‘spoil bank’ by the NHIDCL. He also said two people have so far died in landslides caused by unscrupulous disposal of soil and unsystematic construction of highways by the construction company.
YEJM activist Lalrinfela Khiangte says that the project had mostly affected the Situal, Serchhip, and Hnahthial districts. “The spoiled soil deposited along the banks of the river has destroyed the crops grown here and made the land unfit for agricultural use,” she said.
Meanwhile, the Mizoram Pollution Control Board issued a show cause notice to the NHIDCL after earth spoils were dumped in a way that caused river pollution. The committee is still carrying out inspections, but most of them have reported violations.
As mentioned by NHIDCL in its official website, the widening work of NH-54 is being executed in a joint venture by Gawar Pvt Ltd and SCCPL and was scheduled to be completed by July 2023. Whereas the expansion of NH-6 is executed by GVV Constructions and NG Projects and the project was scheduled to be completed by January 2022.
The Ministry of Road Transport and Highways had set the target to complete the work on NH102B by August 2023. The work on NH302 was to be completed by 30 December 2022, the revised date of completion is 31 December 2024.
Demand/Contention of the Affected Community
Opposition against environmental degradation
Demand to retain/protect access to common land/resources
Complaint against procedural violations
Other Demand/Contention of the Affected Community
Highway widening projects, Destruction of forests, Pollution
Region Classification
Urban and Rural
Type of Land
Common and Private
Forest and Non-Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project underway despite protests
Original Project Deadline
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Agricultural land, Other Natural Resource extraction/dependence, Water bodies
Whether the project was stalled due to land conflict
Source/Reference
<https://www.projectsmonitor.com/daily-wire/nhidcl-floats-tender-for-upgradation-of-pawlrang-rulchawm-section-in-mizoram/> <https://nhidcl.com/wp-content/uploads/2024/02/NHIDCL-Project-Status-as-on-31.01.2024-for-uploading-on-Portal.pdf>
Total investment involved (in Crores):
₹
14900
Type of investment:
Cost of Project
Year of Estimation
2022
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal (Eastern Zone)
Case Number
Original Application No.26/2023/EZ; Original Application No.173/2023/EZ (I.A. No.62/2023/EZ);
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Mizoram Pollution Control Board, Mizoram Forest Department, Ministry of Environment, Forests and Climate Change ( MoEFCC)
PSUs Involved in the Conflict:
National Highways and Infrastructure Development Corporation (NHIDCL)
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Joint venture by Gawar Pvt Ltd and SCCPL; GVV Constructions and NG Projects
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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