Assam took no permission for non-forest activities in wildlife: Centre tells NGT

In April this year, an affidavit filed by the state forest department government to the NGT stated that several schools, a 5-kilometre road, a tea garden, wells, and polling stations were found to be built inside the wildlife sanctuary and nearby forest reserve in the state

Guwahati: The Union ministry of environment, forest and climate change (MoEFCC) has informed the National Green Tribunal (NGT) that the Assam government had not submitted any proposal for non-forest activity inside a wildlife sanctuary in the state.

(Representative Photo)

This was disclosed in a counter affidavit filed by the ministry in connection with a case of construction of roads, bridges, schools, and encroachments at the Sonai Rupai Wildlife Sanctuary (SRWS) in Sonipur district.

“Prior approval of the central government under Section 2(1)(ii) of the Van (Sanrakshan evam Samvardhan) Adhiniyam, 1980, is required for carrying out any non-forestry activity on forest land. That, as per sub-office Guwahati of regional office Shillong, no proposal seeking forest clearance with respect to the instant matter is available with them,” the counter affidavit submitted on July 30 mentioned.

In April this year, an affidavit filed by the state forest department government to the NGT stated that several schools, a 5-kilometre road, a tea garden, wells, and polling stations were found to be built inside the wildlife sanctuary and nearby forest reserve in the state.

The present case relates to an application filed by Dilip Nath with NGT last year alleging violations of the Forest (Conservation) Act (Van (Sanrakshan evam Samvardhan) Adhiniyam) at Sonai Rupai Wildlife Sanctuary (SRWS) in Sonitpur district of Assam, where large-scale construction activities have been done by the government and illegal encroachments by others.

In May, the NGT had directed the MoEFCC to file a counter affidavit mentioning action taken against officers who allowed the illegal constructions and steps taken to remove them.

In the counter affidavit, the ministry mentioned that encroachments and illegal constructions were also violations of the Wildlife (Protection) Act, 1972, and violators can be imprisoned for a term extending to three years or a fine up to one lakh rupees, or both.

The MoEFCC further mentioned that the land in question was a “subject matter of the state government” and in case of unauthorised constructions and illegal encroachments. “The state government is itself empowered to take action and initiate proceedings against the wrongdoers,” it said.

The tribunal had also asked the chief secretary of Assam in May to file an affidavit giving details of officers who “permitted such extensive construction” in “gross violation” of the Forest (Conservation) Act, 1980, and also “explain the inaction of the principal chief conservator of forest under whose very nose such illegal activities were allowed to go on since 2017”.

In its affidavit filed last month, the Assam government stated that 68 schools with around 3000 students were operating inside SRWS and the neighbouring Charduar reserve forest.

The state government mentioned that the education of these children might get affected if the schools are shut and the forest area cleared immediately. Admitting that the schools were operating without permission, it added that the comprehensive plan is being prepared for resettlement and rehabilitation of the encroachers.

Located on the foothills of the Himalayas near Assam’s border with Arunachal Pradesh, SRWS covers an area of 220 sq km and is home to a variety of mammals, birds, and reptiles, including tigers, elephants, hornbills, pelicans, and pythons. The Charduar reserve forest is located close to it.

In its order, the NGT noted that while the affidavit carried details of illegal activities inside the wildlife sanctuary and forest reserves, there was no mention of actions taken to remove encroachments and constructions in order to restore the forest.