The Mizoram Bar Association v. The Union of India and 16 Ors

ORDER Date : 03.01.2023 (R.M. Chhaya, CJ)

Heard Mr. B. Lalramenga, learned counsel for the petitioner. Also heard Mr. D. Saikia, learned Advocate General, Assam, assisted by Ms. R. Baruah, learned counsel appearing for the State of Assam and its authorities; Mr. D. Das, learned Advocate General, Mizoram, appearing for the State of Mizoram and its authorities; Mr. C. Baruah, learned Standing counsel, NHAI; Mr. B. Sharma, learned Standing Counsel, NF Railway and Mr. Manash Haloi, learned counsel appearing for the CBI.

¶2By preferring this Public Interest Litigation, the petitioner association has inter alia prayed for the following reliefs: "That Your Lordships may be graciously pleased to admit this writ petition, issue notice, call for the records, issue rule calling upon the respondents to show cause as to why:

(i) The Hon'ble High Court will not issue an appropriate writ, order or direction asking the respondents to take immediate steps for removal of the illegal and unconstitutional economic blockade of National Highway-306 and the other roads connecting Mizoram with the rest of the country from Assam along with the blockade of the Railway line between Silchar-Bairabi and to ensure that such illegal and unconstitutional blockade do not take place again in the future. AND After hearing the cause that may be shown by the parties to finally make the rule absolute and pass any other necessary orders or directions as deemed fit by the Hon'ble Court. AND In the interim to direct the respondents to arrange necessary security escort for safe passage of all essential commodities and medical supplies presently detained at Lailapur, Assam, within 24 hours in order to solve the difficulties faced by the people of Mizoram." Page No.# 5/5

¶3The respondents have entered their appearance and have filed affidavit-in-opposition dated 23.12.2021 through Divisional Security Commissioner, North Eastern Frontier Railway, wherein it is inter alia contended that steps have been taken by the railway authorities, more particularly, as stated in paragraph 7 of the affidavit-in-opposition.

¶4It is pertinent to note that the incident, which took place on 26.07.2021, relates to inter-State border dispute between the States of Assam and Mizoram. Learned Advocate Generals appearing for the State of Assam and the State of Mizoram have stated that after the incident of 26.07.2021, senior Cabinet Ministers of both the States have held meeting and after the meeting of the senior ministers of both the States, the tension at the border has eased out. It is further stated that now complete peace has prevailed and life in both the States has leapt back to normalcy. The State Governments of both the States are making endeavours to amicably resolve the dispute.

¶5In light of the aforesaid situation prevailing at present, the grievance ventilated in this PIL stands redressed and no further order is required to be passed for granting the relief prayed for in the present PIL. Accordingly, the present PIL proceedings stand closed.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/5 GAHC010116872021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oPIL/46/2021o oTHEoMIZORAMoBARoASSOCIATION REP.oBYoITSoGENERALoSECRETARY o(SOCIETYoREGISTRATIONoNO.oSRoMZo19/1984) oOFFICEoAToMIZORAMoBARoASSOCIATIONoOFFICE oAIZAWLoDISTRICToCOURToCOMPLEX oTREASURYoSQUARE oAIZAWL oMIZORAM o796001. oVERSUS THEoUNIONoOFoINDIAoANDo16oORS REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA oMINISTRYoOFoHOMEoAFFAIRS oNORTHoBLOCK oNEWoDELHI-110001 oINDIA. 2:THEoSTATEoOFoMIZORAM REP.oBYoTHEoCHIEFoSECRETARY oGOVT.oOFoMIZORAM oAIZAWL oMIZORAM-796001. o3:THEoSTATEoOFoASSAM REP.oBYoTHEoCHIEFoSECRETARY oGOVT.oOFoASSAM oDISPUR oGUWAHATI. o4:THEoSECRETARY PageoNo.#o2/5 TOoTHEoGOVT.oOFoMIZORAM oHOMEoDEPTT. oNEWoSECRETARIAT oAIZAWL oMIZORAM-796001. o5:THEoSECRETARY TOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oSECRETARIAToROAD oDISPUR oGUWAHATI oASSAM-781006. o6:THEoDIRECTORoGENERALoOFoPOLICE MIZORAM oMIZORAMoPOLICEoHEADQUARTERS oAIZAWL o796001. o7:THEoDIRECTORoGENERALoOFoPOLICE ASSAM oASSAMoPOLICEoHEADQUARTERS oULUBARI oGUWAHATI-781007. o8:THEoDEPUTYoCOMMISSIONER KOLASIBoDISTRICT oKOLASIB oMIZORAM-796081. o9:THEoDEPUTYoCOMMISSIONER MAMIToDISTRICT oMAMIT oMOZORAM-796441. o10:THEoDEPUTYoCOMMISSIONER CACHARoDISTRICTo(ASSAM)oAToSILCHAR oSILCHAR-788001 o11:THEoDEPUTYoCOMMISSIONER KARIMGANJoDISTRICTo(ASAM) oAToKARIMGANJ oKARIMGANJ-788710 o12:THEoDEPUTYoCOMMISSIONER HAILAKANDIoDISTRICTo(ASSAM) oAToHAILAKANDI Page No.# 3/5 ASSAM KACHARI ROAD HAILAKANDI TOWN HAILAKANDI PIN-788151 13:THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF RAILWAY RAIL BHAWAN RAISINA RD CP NEW DELHI-110001 INDIA. 14:NORTHEAST FRONTIER RAILWAY REP. BY ITS GENERAL MANAGER TN TOWER ASSAM TRUNK ROAD MILIGAON GATE NO.4 MALIGAON GUWAHATI ASSAM 781011. 15:DEPUTY CHIEF ENGINEER (CONSTRUCTION) NORTHEAST FORNTIER RAILWAY KATAKHAL ASSAM. 16:THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT OF INDIA TRANSPORT BHAVAN PARLIAMENT STREET NEW DELHI-110001. 17:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REP. BY ITS CHAIRMAN C/O. NATIONAL HIGHWAYS AUTHORITY OF INDIA G 5 AND 6 SECTOR-10 DWARKA NEW DELHI-110075. ------------ Advocate for : MR. A R MALHOTRA Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 16 ORS Page No.# 4/5 BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA