Guwahati: The Eastern Zone bench of the National Green Tribunal (NGT) has constituted a committee of top officials of the Ministry of Environment, Forest and Climate Change (MoEF&CC) to investigate the alleged diversion of a part of a reserve forest along the Assam-Nagaland border for the establishment of an Assam police commando battalion.
The NGT bench based in Kolkata was hearing a petition by Assam-based environmental activist Rohit Choudhury against the alleged diversion of the forest land in Sivasagar district.
In its order dated 29 May, the tribunal acknowledged the matter as a “substantial environmental issue” and violation of the Forest (Conservation) Act, 1980.
It also issued notices to the Assam forest department, the state environment ministry, and three others — including Sivasagar district commissioner and divisional forest officer, Sivasagar division — to file counter-affidavits within four weeks from 29 May.
The NGT has directed the three-member committee to visit the site and submit its report in the form of an affidavit.
Following the inspection, the Additional Director General of Forest, who is responsible for the Forest (Conservation) Act within the Ministry of Environment and has been designated as the nodal officer for this case, will be required to submit a report. The matter is next listed for hearing on 9 August.
According to the petition, incorporated into the NGT order, the Assam forest department has illegally diverted 28 hectares of reserve forest land for the establishment of a 2nd Assam Commando Battalion in the Assam-Nagaland interstate border area of Geleky Reserve Forest in Sivasagar district.
While this has been allegedly done without any approval from the Union environment ministry, the permission for the same was granted by former Assam Principal Chief Conservator of Forests and Head of Forest Force, Assam (PCCF/HOFF), M.K. Yadava. Yadava is currently the Special Chief Secretary (Forest) under the Assam government.
ThePrint reached Yadava for comments over calls but failed to get a response. This report will be updated as and when a response is received.
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‘Misuse of power’
According to the petition, Yadava has misused his power and position to illegally divert a large part of the forest area without fulfilling the requirements of compensatory afforestation and net present value.
This, the petition argued, made him “personally liable for compensating and restoring the damage done to the forest.”
The petitioner also mentioned a separate case taken up by the NGT’s New Delhi bench, involving accusations against Yadava for unlawfully authorising the clearance of 44 hectares of protected forest in Hailakandi District’s Damcherra, part of the Inner Line Reserve Forest (ILRF), to raise a 2nd Commando Battalion unit.
The plea referred to the 23 April order of the Delhi NGT, in which the status of the matter (Damcherra forest land) was disclosed through a counter-affidavit filed on behalf of the environment ministry.
Moreover, the petitioner cited a 12 March letter by the Shillong regional office of the ministry, mentioning a detailed site inspection report on the allegations against Yadava.
The Factual Report observed that the use of forest land for non-forestry activities has been allowed without prior approval of the central government, which is in contravention of the statutory provisions and rules under Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980.
Taking note of the report, the environment ministry, through another letter dated 18 March, directed the state government to stop and discontinue the construction activities on the forest land. It also directed its Shillong regional office to initiate action as prescribed under sections 3A and 3B of the Evam Van (Sanrakshan Samvardhan) Adhiniyam.
Meanwhile, Yadava had reportedly written to the forest officer concerned on 28 September 2023, approving the establishment of the second Commando Battalion at Damcherra citing a relevant section of the Forest (Conservation) Act, 1980.
The former PCCF had cited Section 2 (b) of the Act to suggest that it qualifies as an activity under forest conservation.
Further, regarding the illegal non-forestry use of 28 hectares of land in Geleky Reserve Forest in Sivasagar, Yadava had reportedly written to the Officer-in-Charge, Eastern Assam Circle, that construction of a police battalion can be approved “in the interest of conservation and protection of forest land” at Geleky.
The petitioner maintained that the letter from the PCCF’s office signed off by Yadava cited Section 2 (b) of the Forest (Conservation) Act, explaining “non-forest purpose” as — “any purpose other than reforestation: but does not include work relating or ancillary to conservation, development and management of forest and wildlife, namely, establishment of and check-post, firelines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.”
The battalion was also deemed necessary to prevent people from Nagaland from encroaching upon the forest land in Assam along the interstate border.
(Edited by Richa Mishra)
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