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Green panel issues notices over diversion of forest land in Assam
The New Delhi bench of NGT has already suo motu taken up the matter against alleged illegal diversion of 44 hectares of protected forest.
New Delhi: The National Green Tribunal has issued notices to Assam government, Assam Forest Department; the Union ministry of environment and forests (MoEFCC); District Commissioner, Sibsagar; and the Divisional Forest Officer on an application that has alleged that former principal chief conservator of forests and head of forest force, Assam, MK Yadava illegally diverted 28 hectares of forest land for a police commando battalion camp at Assam-Nagaland interstate border in Geleky Forest Reserve.
NGT’s eastern bench in its order dated May 29, published on the NGT website, has ordered the constitution of a committee comprising of the Additional Director General of Forest, MoEFCC dealing with the Forest (Conservation) Act; Additional Secretary, MoEFCC nominated by Secretary, MoEFCC; and Deputy Director General of Forests (C), MoEFCC, Integrated Regional Office, Meghalaya to look into the matter.
“The committee shall visit the site and submit its report . The Additional Director General of Forest, MoEFCC shall be the nodal officer for filing the report on affidavit,” the order said, hearing an application by Rohit Choudhury Vs State of Assam.
“We are of the opinion that the matter relates to substantial environmental issue and violation of Forest (Conservation) Act, 1980 and requires consideration,” the order stated.
“The illegal permission has been granted by the then Principal Chief Conservator of Forests and Head of Forest Force, Assam, Shri MK Yadava who is at present the Special Chief Secretary (Forest), Govt. of Assam. It is alleged that the concerned official 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 which makes him personally liable for compensating and restoring the damage done to the forest,” NGT said, referring to Choudhury’s application.
“I have not received the NGT notice yet,” said MK Yadava, special secretary, forests, Assam on Friday.
The New Delhi bench of NGT has already suo motu taken up the matter against alleged illegal diversion of 44 hectares of protected forest to set up the Assam Police’s Commando Battalion located near the Assam-Mizoram border in Hailakandi district. Yadava, then PCCF, allegedly allowed construction by a commando battalion unit in a protected forest in Hailakandi, ostensibly to stop encroachments by Mizo people from neighbouring Mizoram, creating a furore among local conservationists, compelling the Union environment ministry to take notice and direct the state government, in March this year, to immediately halt construction.
On March 28, the Union environment ministry submitted an affidavit in the matter which admitted that the construction of the battalion is in contravention of the Forest Conservation Amendment Act. The Assam government 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.
HT reported on April 10 that in 2023, M K Yadava, then the principal chief conservator of forests and head of forest force in Assam, approved the construction by a commando battalion unit in the Assam-Mizoram interstate border area of Inner Line Reserve Forest involving diversion of forest area of around 44 acres. Construction started shortly after that without a prior forest clearance under the Forest Conservation (Amendment) Act, 2023.
Yadava has since been appointed as special chief secretary (forest) by the Assam government following his retirement in February. He suggested that the construction by the commando battalion would be important to check alleged encroachments by the Mizo people and was, therefore, ancillary to conservation. He recommended that the construction project be be approved. The Union environment ministry had taken strong objection by the interpretation of the Forest Conservation Act offered by Yadava.
Yadava gave the same excuse for allowing diversion in Geleky forest reserve. 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.
HT reported on May 24 that Assam chief minister Himanta Biswa Sarma wrote to Union environment minister Bhupender Yadav on April 13, requesting that the ministry accord post facto forest clearance to the construction of a commando battalion unit in a protected forest because it will be key to stop encroachments from across the state border. Drone photographic images have established that rampant construction of pitch roads, bridges, police battalion camps, offices, and settlement of encroacher villages from the Mizoram side is going on unabated in more than 3,000ha of reserve forests (RF), he said. HT had sought responses from the Assam CM’s office and Yadav on the matter but did not recieve a response.
On May 25, HT reported that MoEFCC’s regional office in Shillong sent a show cause notice to MK Yadava, special additional chief secretary of Assam, on May 14 under the Forest Conservation Amendment Act 2023. The notice said Yadava, deemed “guilty of the said offence,” has 60 days to respond and explain why a complaint should not be filed in court. Failure to respond will result in legal proceedings, it warned.
“I do not wish to speak about the show cause notice. I will respond to the authorities directly,” Yadava had said on May 24 responding to whether he has received the show cause notice.
