Assam
NGT initiated a suo motu case concerning the diversion of forest land for establishing a unit of the Assam Police Commando battalion within the Damcherra Inner Line Reserve Forest.

Guwahati: The National Green Tribunal (NGT) has warned the Assam government of strict action if any unauthorized construction takes place on the disputed land during the ongoing case.

“We make it clear that if any illegal construction is raised by State Authorities on the forest land during the pendency of this original application then they will be doing so at their own risk and cost,” the NGT order stated.

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The warning came during a hearing on Thursday (March 14, 2024) concerning alleged illegal diversion of protected forest land in Assam’s Hailakandi district for a Commando Battalion headquarters.

The case originated from two applications – a petition filed by the NGT itself (suo moto) and an intervention application (IA) filed by an Assam resident, Parul Gupta. Both applications express concern over the legality of clearing 44 hectares of protected forest land in Hailakandi district for the 224th Assam Commando Battalion Unit headquarters.

The NGT took suo moto cognizance based on a news report published in Northeast Now on December 25, 2023, titled “Assam: PCCF MK Yadava accused of illegally clearing protected forest for Commando Battalion.”

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The applicant and intervenor allege that the Assam government bypassed mandatory procedures under the Forest (Conservation) Act, 1980, for this project located within an Inner Line Reserved Forest.

The Assam government, however, maintains that the construction activity is non-forest related.

Assam’s then PCCF MK Yadava, in an affidavit filed at NGT on February 15, had claimed that the Reserve Forest land in question at Damcherra would be solely used for erecting temporary shelters for the Commando Battalion, which according to him is being established to safeguard the Inner Line Reserve Forest in Hailakandi district.

During the hearing on March 14, the NGT noted that the Ministry of Environment, Forest and Climate Change (MoEF&CC) had sought additional information from the state government on January 16, 2024, but hadn’t received it yet. The state claims to have already submitted the information and has filed an affidavit to that effect.

The MoEF&CC informed the tribunal that it would file its own affidavit within two weeks, clarifying its position on the project.

The NGT also acknowledged the intervention application by Gupta, which argues that construction on the forest land is already underway. The tribunal has directed the Assam government to receive a copy of this application.

It may be mentioned that contrary to then PCCF Yadava’s claims, Google Earth images accessed by Northeast Now on February 20, 2024, reveal substantial concrete structures being built after clearing the Reserve Forest and performing hill cutting in the area.

The next hearing in the case is scheduled for April 23, 2024.