Guwahati: The union ministry of environment, forest and climate change (MoEFCC) has directed the Assam government to take action against a senior state official for allegedly allowing illegal construction inside a reserve forest in Hailakandi district, in violation of provisions under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980.
The union ministry’s action against the officer follows a right to information (RTI) query filed by Assam-based environment activist Rohit Choudhury last month.
MK Yadava, who was the principal chief conservator of forests (PCCF), head of forest force (HoFF), and special chief secretary (forests) of the Assam government, was accused of permitting the diversion of 11.5 hectares of land inside Damchera Inner Line Reserve Forest in Assam for the construction of a commando battalion, without obtaining prior permission from the Centre. Yadava had approved the construction of the second commando battalion of Assam Police in October 2021.
Yadava is also accused of approving diversion of 28 hectares of land in Geleky reserve forest in Sibsagar district close to the Assam-Nagaland border for construction of another commando battalion.
The Shillong-based regional office of MoEFCC issued a letter to the Assam government on May 25 stating, “MK Yadava, the then PCCF and HoFF, Assam, had no authority to grant permission for clearing the forest land for non-forest activity without the prior permission of central government.”
{{/usCountry}}The Shillong-based regional office of MoEFCC issued a letter to the Assam government on May 25 stating, “MK Yadava, the then PCCF and HoFF, Assam, had no authority to grant permission for clearing the forest land for non-forest activity without the prior permission of central government.”
{{/usCountry}}A separate letter was issued on May 29, the MoEFCC directed similar action against Yadava for violating provisions of the Van (Sanrakshan Evam Samvardhan) Adhiniyam in Geleky reserve forest. The ministry found large scale and permanent construction without prior permission from the Centre after an inspection of the area was carried out.
Directing the state government to submit a report on action taken regarding litigations pending before the National Green Tribunal (NGT), the letter further stated, “Government of Assam is hereby authorised to take legal action against the offender and furnish an action taken report...within a period of 45 days.”
The May 25 letter, written by deputy inspector general of forests (Central) Pee Lee Ete, noted that the land diversion in Damchera Inner Line Reserve Forest was allowed without prior approval, and “for conservation and protection of forest...is not legally tenable.” HT has seen a copy of the letter.
The letter explained that while the Van (Sanrakshan Evam Samvardhan) Adhiniyam permits the construction of bare minimum operational buildings for forest management—such as check gates, single-lane untarred roads, and huts for guards—without prior permission from the Centre, approval is required for large structures that could impact conservation.
A MoEFCC team that inspected the area in Damchera Inner Line Reserve Forest found that construction was ongoing in full swing, with permanent structures covering a plinth area of around 30,000 square metres being built over 11.5 hectares, the letter said.
Officials from the Assam Police Housing Corporation informed the team that around 50% of construction for some of the proposed battalion buildings had already been completed. “The activities amount to gross violation of the Van (Sanrakshan Evam Samvardhan) Adhiniyam and rules, guidelines and notifications framed thereunder, and it is also against the legal principles framed by the courts and tribunals,” the letter read.
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It added that the submissions given by Yadava and the Assam government in response to the show-cause notices issued by MoEFCC were “not satisfactory” and “failed to prove not guilty.”
The Assam government has not taken any action against Yadava so far, and the 45-day deadline given by MoEFCC to take action and submit a report will expire on July 13, an official requesting anonymity said.
The letter also noted that the offence is punishable under Sections 3A and 3B of the Van (Sanrakshan and Samvardhan) Adhiniyam, 1980, read with Rule 15(3) of the Van (Sanrakshan and Samvardhan) Rules, 2023. Violation of the Act can result in imprisonment for a maximum period of 15 days.