Guwahati: The Gauhati high court, in a landmark judgement, has banned “non-forest activities” in the Gita Mandir Hill area in Guwahati and directed the Assam government to take steps to notify it as a “protected forest”.
While hearing a public interest litigation (PIL) filed by Dwijen Bhattacharya and Rajesh Sarma, a division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan on Thursday directed Assam Forest department and State chief secretary to ensure that the existing forest over the Gita Mandir Hills in Guwahati is not used for any other non-forest purpose.
“…the respondents in the Government of Assam in the Forest Department as well as to the Chief Secretary is directed to ensure that the existing forest over the Gita Mandir Hills in Guwahati is not used for any other non-forest purpose in terms of Section 2 of the Forest (Conservation) Act, 1980 without following the due procedure of law prescribed therein,” said the HC order.
The said direction imposing a restriction on any non-forest use of the forest cover of the Gita Mandir Hill is issued over and above the earlier direction to the Chief Secretary to take a decision conjointly with the Environment and Forest, Revenue as well as the Gauhati Development Departments as to whether the land under forest cover on the Gita Mandir Hills can be notified as reserved forest or protected forest, said the judges.
“Although the Indian Forest Act, 1927, as such may not be applicable to the State of Assam, but we take note that in the Act of 1927, there is also a residual power under section 29 thereof that the State Government may by notification in the official Gazette declare that in respect of any forest land or waste land which is not included in a reserved forest, but which is a property of the Government or over which the Government has proprietary right, to the whole or any part of the forest produce, the Government may declare such land to be a protected forest,” the HC order read.
Petitioners’ counsel Vikram Rajkhowa said, “This is a landmark judgment in the sense that the order will also pave the way to bring other forest areas in Assam under Section 2 of the Forest (Conservation) Act, 1980 which will in turn help protect the forest.”
“According to a survey conducted by the district administration, several species of birds including hornbill are found in the Gita Mandir Hill. The hill is also home to leopard, deer and various reptiles,” Rajkhowa said.
The Assam government planned to shift the Gita Nagar police station to the hill and sought permission from the Forest department to fell hundreds of trees for the construction of the police station building.