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 National Green Tribunal (NGT) Eastern Zone Bench has issued notices to the Assam government and Ministry of Environment, Forests and Climate Change (MoEF&CC) over alleged illegal diversion of forest land for a commando battalion camp inside Geleky Reserve Forest in Sivasagar district along Assam-Nagaland border.

The NGT has also formed a committee comprising MoEF&CC officials to investigate the matter and submit a report.

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“We deem it appropriate to constitute a Committee comprising of the following officers of MoEF&CC to enquire the case comprehensively: (i) Additional Director General of Forest, MoEF&CC dealing with Forest (Conservation) Act; (ii)Additional Secretary, MoEF&CC nominated by Secretary, MoEF&CC; and (iii) Deputy Director General of Forests (C), MoEF&CC, Integrated Regional Office, Meghalaya,” the NGT order read.  

“The Committee shall visit the site and submit its Report on affidavit. The Additional Director General of Forest, MoEF&CC shall be the Nodal officer for filing the report on affidavit,” it added.

Environmental activist Rohit Choudhury filed a petition with the NGT alleging that the Assam Forest Department, under the leadership of the then Principal Chief Conservator of Forests (PCCF) M.K. Yadava, cleared 28 hectares of reserve forest land in Sivasagar district without following proper procedure.

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The petition states that MK Yadava, who is now the Special Chief Secretary (Forest) of Assam, misused his authority to grant permission for the project without obtaining approval from MoEF&CC, a violation of the Forest (Conservation) Act, 1980.

Choudhury further pointed out that the New Delhi Bench of the NGT is already investigating a similar case (Original Application No. 61/2024/PB) concerning alleged illegal clearance of forest land in Assam’s Hilakandi district by MK Yadava.

“The Applicant has further mentioned that the New Delhi Bench of the National Green Tribunal has suo-motu taken up the matter on the basis of news item titled “Assam: PCCF MK Yadava accused of illegally clearing protected forest for Commando Battalion” published in Northeast Now dated 25.12.2023 which is registered as Original Application No.61/2024 and pertains to Innerline Reserve Forest in Hilakandi District,” the NGT order said.

MoEF&CC, in its affidavit filed with the NGT New Delhi Bench, confirmed a site inspection conducted by its Shillong office which revealed a violation of the Forest (Conservation) Act.

The Ministry subsequently directed the Assam government to halt construction activities and initiate legal action against those responsible.

The Environment Ministry has also recently issued a show-cause notice to M.K. Yadava for approving the construction of the commando battalion headquarters at Damchera inside the Innerline Reserve Forest in Hilakandi district.

News articles attached to the petition mention a letter written by Yadava to the Officer-in-Charge of Eastern Assam Circle, arguing that the project falls under activities permitted for forest land use under the Forest (Conservation) Act.

The NGT Eastern Zone Bench on May 29, 2024 admitted the case and issued notices to all respondents. The NGT has asked all the respondents to file their counter-affidavits within four weeks.

The next hearing is scheduled for August 9, 2024.

Notably, on April 25, 2024, the MoEF&CC sought a report from the Assam government regarding the alleged diversion of forest land in Geleky Reserve Forest.