Guwahati: The Ministry of Environment, Forest, and Climate Change (MoEF&CC) has ordered legal action against Assam’s Special Chief Secretary M.K. Yadava for alleged gross violations of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980.
The violations stem from the unauthorized diversion of forest land for non-forest activities without the requisite prior permission from the Environment ministry.
Ready for a challenge? Click here to take our quiz and show off your knowledge!
The MoEF&CC has authorized Divisional Forest Officers (DFOs) to initiate legal proceedings against MK Yadava. This directive follows an examination of the Assam government’s responses to show-cause notices regarding the establishment of Commando Battalion Camps in two separate forest areas: 28 hectares in Geleky Reserved Forest under Sivasagar Forest Division and 11.5 hectares in Innerline Reserved Forest under Hailakandi Division in Assam.
Yadava, who was then serving as PCCF and Head of Forest Force (HoFF), had approved the use of the forest land by the Assam Police Housing Corporation Ltd. for the construction of a 2nd Commando Battalion Camp – without prior clearance from the Central government, a clear violation of the Forest (Conservation) Act. He also allowed the construction of the Commando Battalion Camp in Geleky reserve forest.
In two separate letters dated July 2025, to Assam PCCF, Pee Lee Ete, Deputy Inspector General of Forests (Central), highlighted that large-scale, permanent construction was observed during site inspections conducted by the Regional Office, Shillong, on August 16-17, 2024.
Ready for a challenge? Click here to take our quiz and show off your knowledge!
Unauthorized Diversion and Extensive Construction Alleged
Investigations by the Regional Office, Shillong, MoEF&CC, and a committee constituted by the National Green Tribunal (NGT) revealed that significant construction activities were undertaken in both forest areas without the necessary Central Government approval.
In the Geleky Reserved Forest case (Sivasagar), site inspections conducted on August 16 and 17, 2024, by the Regional Office, Shillong, found large-scale, permanent construction underway for the Commando Battalion Camp.
While the Advisory Committee (AC) acknowledged the need for an armed police presence for forest protection, it firmly stated that prior Central Government approval was mandatory for such diversions. The NGT-constituted committee also noted that approximately 80% of the proposed buildings were already completed in the undulating terrain.
Similarly, an inspection on March 8, 2024, in the Innerline Reserved Forest case (Hailakandi) revealed extensive construction on 11.5 hectares, with around 500 workers and numerous vehicles involved. The plinth area of the structures was estimated at nearly 30,000 square meters. Officials from the Assam Police Housing Corporation Ltd. presented a Master Plan showing that some building structures were already 50% complete. The NGT also took suo moto cognizance of this matter.
Legal Basis for Action and Unsatisfactory Response
The Central Government’s directives explicitly state that M.K. Yadava, as the then Principal Chief Conservator of Forests (PCCF) & Head of Forest Force (HoFF), had no authority to permit the clearing of forest land for non-forest activities without the prior permission of the Central Government, as stipulated under Rule 11.8 of the Van (Sanrakshan Evam Samvardhan) Adhiniyam and its associated rules, guidelines, and notifications.
The “Consolidated Guidelines and Clarifications” issued under the Adhiniyam clearly state that “no work/activity can be taken up in the forest land before issue of order for its diversion for the non-forest purpose unless and to the extent permitted in the Van (Sanrakshan Evam Samvardhan) Rules, 2023 or guidelines issued there under.”
Despite pleas from Yadava citing forest conservation and protection, the Central Government deemed the justifications provided in response to the show-cause notices as “not legally tenable” and “not satisfactory.” The Special Chief Secretary, Forest and Environment Department, Government of Assam, has been found to have failed in proving innocence against the alleged offenses.
Under Rule 15(2) of the Van (Sanrakshan Evam Samvardhan) Rules, 2023, the Central Government, upon receiving information about offenses or violations, is mandated to communicate the same to the relevant State Government for filing a complaint against the offenders in court.
The concerned DFOs in Assam have been authorized to take legal action and are required to submit an action taken report to the Regional Office, Shillong, MoEF&CC, within 45 days.
Furthermore, the Assam Government has been asked to submit monthly action taken reports to the Regional Office, Shillong, given the seriousness of the issues and ongoing litigations before the National Green Tribunal.
Notably, with post-facto approval from the Centre, the NGT’s principal bench has closed the Damchera case. However, the Geleky case is still awaiting a decision from the Kolkata bench.
A Clear Conflict of Interest
This situation is a clear conflict of interest. The Environment Ministry has directed the PCCF and HoFF to take action, but any legal action against MK Yadava needs approval from the state government.
The problem is that Yadava, as the Special Chief Secretary, is now in the position to grant that very approval, essentially making him the judge in his own case.