A second commando battalion in Assam established without FC nod

Former Assam PCCF MK Yadava approved forest diversions for commando battalions on Assam-Mizoram and Assam-Nagaland borders, criticized by Union environment ministry.

A former Assam principal chief conservator of forests (PCCF), MK Yadava, who made the news for approving the construction of a commando battalion unit on the Assam-Mizoram border through the diversion of around 44 ha of forests in 2023, a decision criticised by the Union environment ministry, also approved at least one more project of this nature, documents seen by HT show.

The Centre took notice of the illegal diversion of forests in 2023 at Hailakandi and directed the state to halt construction. (HT Photo)

Yadava, who was also the head of forest force, approved the diversion of another 28 ha at the Assam-Nagaland border in Geleky reserve forest in 2022 for a police battalion camp, the documents show.

HT reported on April 10 that the Union environment ministry took notice of the illegal diversion of forests in 2023 at Hailakandi (Assam-Mizoram border) and directed the state government, in March this year, to immediately halt construction.

Environmentalists are now pointing at the Geleky violation also approved by Yadava. The documents show that on November 15, 2022, Yadava wrote to the officer in charge, Eastern Assam Circle stating that the construction of a police battalion can be approved “in the interest of conservation and protection of forest land” at Geleky.

The letter from PCCF’s office signed off by Yadava states according to section 2 (b) of the FC Act 1980, non-forest purpose means: “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 Checkpost, firelines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.”

“Since the proposal for 28 ha of forest land for establishment of commando battalion camp in the Assam-Nagaland interstate border area of Geleky RF is for protection and conservation of reserved forest land, it qualifies as an activity relating to conservation of forests mentioned under section (2) of the forest conservation act 1980. Therefore you are allowed to go ahead with the establishment of the proposed second commando battalion unit in the interest of conservation and protection of forest land,” the letter added.

The language is similar to the one Yadava would go on to use in the approval of the diversion of 44 ha on September 28, 2023 in Hailakandi forest division.

HT reported on April 10 that the Hailakandi violation created a furore among local conservationists, compelling the Union environment ministry to take notice. In a letter, seen by HT, the Union environment ministry on March 18, said: “The report of the Regional Office has been examined in the Ministry and prima facie it has been 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 into account the aforesaid, the State Government is urged to stop all construction activities in the aforementioned area/ land in question, with immediate effect, till further orders or decision in the matter.”

The Union ministry hasn’t done anything concerning Geleky yet, activists say.

“The ministry has chosen to remain silent on that instance, and no site inspection has been carried out yet,” a Guwahati-based environmentalist said on condition of anonymity. He also presented satellite images showing forests cleared in Geleky for the battalion camp.

The environment ministry did not respond immediately to HT’s queries. A senior environment ministry official however said: “We have already explained in our letter on the Hailakandi violation that the interpretation of the Forest Conservation Amendment Act provisions is incorrect and it is in violation of the law. The same would be applicable to this violation also.”

HT tried reaching Yadava repeatedly to seek his response on these illegal forest diversions but he did not answer calls or reply to messages.

Yadava has since been appointed as special chief secretary (forest) by the Assam government following his retirement in February. Yadava is close to the current dispensation in Assam, which is why he has been given a position after his retirement, local environmentalists have alleged.

“Special Chief Secretary (Forests) has been allowed to be a judge in his own cause. He takes decisions on reports containing details of violations committed by himself. Government of Assam does not seem to care about conflict of interest,” another Jorhat based activist said.

While there was no response from the Assam chief minister’s office, state advocate general Debajit Saikia said: “The union environment and forest ministry had submitted an affidavit in connection with the issue on Monday. On Tuesday, we sought four weeks’ time from NGT to file our response. The tribunal has agreed to it and the next hearing for it has been fixed on August 2.”

NGT had suo moto taken up the Hailakandi diversion case in January this year. On March 28, the Union environment ministry submitted an affidavit in the matter which states that the construction of the battalion is in contravention of the Forest Conservation Amendment Act.

The Assam government on Tuesday informed the National Green Tribunal (NGT) that it has stopped the construction of a commando camp on 44 hectares at Hailakandi after the Union environment ministry’s intervention.