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FAC okays battalion camp in forest

The approval pertains to the diversion of 26.1 hectares within the Geleky Reserved Forest, situated along the volatile Assam-Nagaland border in Sivasagar Forest Division.

Updated on: Jan 7, 2025, 07:58:10 IST
By , New Delhi
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The Forest Advisory Committee (FAC) of the Union environment ministry has granted post-facto approval for a Commando Battalion Camp in Assam’s protected forest area, while simultaneously levying strict penalties for violations of forest conservation laws.

The approval pertains to the diversion of 26.1 hectares within the Geleky Reserved Forest, situated along the volatile Assam-Nagaland border in Sivasagar Forest Division. (REUTERS)
The approval pertains to the diversion of 26.1 hectares within the Geleky Reserved Forest, situated along the volatile Assam-Nagaland border in Sivasagar Forest Division. (REUTERS)

FAC has also accorded ex post facto clearance for diversion of 11.5 hectares of forest land in favour of Assam Police Housing Corporation establishment of second Commando Battalion Camp at Damchera in Innerline Reserved Forest under Hailakandi Division, subject to same conditions and penalties.

The approval pertains to the diversion of 26.1 hectares within the Geleky Reserved Forest, situated along the volatile Assam-Nagaland border in Sivasagar Forest Division. The decision, reached during the FAC’s December 26 meeting, comes amidst controversy over unauthorised construction activities in protected forest areas.

The case has a controversial history. Hindustan Times first reported on April 25 that M.K. Yadava, then Assam’s Principal Chief Conservator of Forests, had approved two major forest diversions for police installations without proper clearances. The first was a 44-hectare diversion for a commando unit on the Assam-Mizoram border in 2023, which drew criticism from the environment ministry. Documents reviewed by HT showed Yadava had also approved a second project - diverting 28 hectares in Geleky Reserve Forest in 2022 for the police camp.

On September 14, HT reported that the FAC had initially postponed its decision on giving after-the-fact forest clearance to police battalions in both Hailakandi and Geleky reserved forests, as these were built in violation of the Forest Conservation Act.

The environment ministry sought explanations from Assam through letters dated April 25 and June 13, 2024, specifically about Yadava’s role in approving the Geleky forest diversion.

In response to these violations, the FAC has imposed substantial penalties. The committee has directed Assam authorities to pay five times the standard Net Present Value (NPV) for the extent of violation, plus 12% simple interest from the date of demand until payment. The Regional Office has been instructed to initiate proceedings under Sections 3A and 3B of the Van Sanrakshan evam Samvardhan Adhiniyam (Forest Conservation Amendment Act), 1980.

Section 3A prescribes simple imprisonment up to fifteen days for Act violations. Section 3B specifically addresses offenses by government authorities and department heads, holding directly responsible those in charge at the time of the violation.

The FAC also attached stringent conditions to its approval. “No future expansion shall be allowed and further diversion of forest land for any expansion purposes shall not be permitted in the instant case,” the committee emphasised. The directive also mandates maintaining green belts in areas marked for open land, future expansion, and landscaping, explicitly prohibiting construction activities or land-use changes in these parcels.

It also laid down environmental safeguards. “The state government shall ensure that there is no obstruction in the e-flow of the region by providing preventive and protective measures for the nala (stream) passing through the area sought for diversion,” the FAC stated. Additionally, the Assam government must conduct a decade-long impact study on the forest and wildlife of Sivasagar district, submitting quarterly reports to the Regional Office.

The committee has cautioned that this approval should not be construed as a precedent for regularising similar violations. The approval remains subject to orders from the National Green Tribunal, which is currently hearing a petition challenging these violations.

  • Jayashree Nandi
    ABOUT THE AUTHOR
    Jayashree Nandi

    I write on the environment and climate crisis and I believe these are the most important stories of our times.

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