Guwahati: The National Green Tribunal (NGT) has sought response from the Ministry of Environment, Forest, and Climate Change (MoEFCC) on the actions taken against Assam’s former Principal Chief Conservator of Forests (PCCF), MK Yadava for the alleged illegal diversion of 28 hectares of forest land within the Geleky Reserve Forest in Sivasagar district for non-forestry purposes.
Yadava is already under investigation for a similar case involving the diversion of 44 hectares of forest land in Inner Line Reserve forest in Hailakandi district.
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In the Geleky case, he allegedly misused his authority to divert forest land for non-forestry purposes, bypassing the MoEFCC’s exclusive power to make such decisions.
Despite justifying the diversion as necessary for a commando battalion, Yadava’s claim that no tree felling occurred has been met with skepticism by the NGT.
The tribunal has pointed out that the construction of facilities for 800 personnel with arms and ammunition contradicts the guidelines for forest conservation.
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Taking up the case, Eastern Zone Bench of NGT comprising Judicial Member Justice B Amit Sthalekar and Expert Member Dr Arun Kumar Verma, asked the MoEFCC to file an affidavit before the Tribunal indicating what action has been taken against the then PCCF MK Yadava who permitted diversion of Forest land in violation of Section 2 of Forest (Conservation) Act, 1980 for making solid constructions to house 800 personnel with arms, ammunitions and sophisticated weapons with parade area, exercise areas, shooting area, adequate housing etc.
“We are surprised that despite the admission that 800 personnel with arms, ammunitions and sophisticated weapons have been housed with strong construction, how the same could have been done when the guidelines of 2019 itself mention that “all state government should ensure that the basic spirit and essence of the Forest (Conservation) Act, 1980 is not to divert Forest Land for construction of the residential building, bungalows, quarters etc….” the NGT bench said in the order passed on August 9.
“….it is not for the PCCF Assam to decide as to whether the strong constructions for 800 personnel with arms, ammunitions and sophisticated weapons would impact forest conservation or not since the decision in such a case has to be taken by the Central government in view of the mandatory statutory requirement of Section 2 of the Forest (Conservation) Act, 1980. There is nothing on record to show that there is any permission or sanction granted by the Central government for diversion of forest land in question for the constructions referred to in the affidavit of the PCCF, Assam,” the NGT further stated.
On May 29, the NGT formed a three-member committee to visit the site and submit its report in the form of an affidavit.
Following the inspection, the Additional Director General of Forest, who is responsible for the Forest (Conservation) Act within the MOEFCC and was designated as the nodal officer for this case, was required to submit a report.
However, the committee did not submit any report before the Tribunal within this stipulated time.
“Today is August 9 and two months have already passed but no such report has been placed before this Tribunal by the Additional Director General of Forests (FC), MoEF&CC,” the NGT said.
The tribunal has granted the MoEFCC an additional four weeks to file the necessary affidavit.
The next hearing of the case is scheduled for October 4, 2024.