Assam
The diversion of 28 hectares of land in Geleky reserve forest was approved by then Assam's principal chief conservator of forests (PCCF), MK Yadava.

Guwahati: The Ministry of Environment, Forest and Climate Change (MoEFCC) has directed the Assam government to immediately halt the construction of a commando battalion camp in the Geleky Reserve Forest in the Sivasagar district along the Nagaland border.

The move comes after concerns were raised about the project potentially violating the Forest (Conservation) Act, 1980.

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The diversion of 28 hectares of land in Geleky reserve forest was approved by then Assam’s principal chief conservator of forests (PCCF), MK Yadava, who now holds the post of Special Chief Secretary (Forest), in 2022 for a commando battalion camp.

While the Assam government claims the project is meant for forest protection, the MoEFCC has questioned this justification.

According to reports, the Assam government had proposed to the MoEFCC for “ex-facto approval” of the project, meaning approval after the fact.

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However, a Site Inspection Report (SIR) submitted by the MoEFCC’s regional office in Shillong revealed that the construction, spread over 28 hectares, was large-scale and permanent.

This raised concerns as the Forest (Conservation) Act mandates prior central government approval for any non-forestry activity on forest land.

The MoEFCC, in its letter to Assam Special Chief Secretary (Forest) M.K.Yadava, stated that using forest land for the commando battalion camp without prior approval is a “prima facie” violation of the Act.

The letter further warns that any non-compliance with the directive to stop construction will be considered a “wilful violation” of the Act.

The MoEFCC has also directed its regional office in Shillong to initiate legal action against the Assam Forest department official, who approved the project, as per the provisions of the Forest (Conservation) Act.

According to Section 3A of the Forest Conservation Act, violating or abetting the violation of Section 2 is punishable by up to 15 days of simple imprisonment. 

The Environment Ministry’s regional office in Shillong has already issued a show cause notice to Special Chief Secretary (Forest) M.K.Yadava for allegedly diverting the forest land without necessary clearance from the ministry.

In May this year, the National Green Tribunal (NGT) established a committee to probe the alleged illegal diversion of forest land at Geleky. The investigation followed a petition filed by environmental activist Rohit Choudhury, accusing the Assam Forest Department of clearing 28 hectares of reserve forest without proper authorization.

Choudhury claimed that the then Principal Chief Conservator of Forests, M.K. Yadava, misused his powers to approve the project without necessary clearance from the Ministry of Environment, Forest, and Climate Change (MoEF&CC), contravening the Forest (Conservation) Act, 1980.

Notably, the NGT’s New Delhi Bench is already examining another case against Yadava involving alleged illegal forest land clearance in Assam’s Hailakandi district.