Construction of commando camp in forest land halted: Assam govt tells NGT
GUWAHATI: The Assam government has informed the National Green Tribunal (NGT) that it has ceased the construction of a commando camp spanning 44 hectares within a protected forest area, following a warning from the union environment ministry issued last month.
According to an inspection report by the union ministry of environment, forest, and climate change, the construction of the camp was found to contravene the Forest (Conservation) Act.
Consequently, the union ministry directed the Assam government to suspend all work on the site.
The NGT’s principal bench, chaired by Justice Prakash Shrivastava along with Justice Sudhir Agarwal and expert member Senthil Vel, convened to address a suo-motu case concerning the establishment of the 2nd Assam Commando Battalion Unit headquarters within the inner line of a reserved forest in Hailakandi district of Assam.
National Green Tribunal (NGT) took suo motu cognizance of the case in January 2024 based on a news report titled, “Assam: PCCF MK Yadava accused of illegally clearing protected forest for Commando Battalion,” published in Northeast Now on December 25 last year.
Assam advocate general, Devajit Saikia, apprised the bench of the halt in construction and revealed that the Assam government had requested permission from the union environment ministry.
He also requested additional time to respond to an affidavit submitted by the ministry, which highlighted non-forestry activities conducted on forest land without proper authorization.
Granting a four-week extension to the Assam government, the bench acknowledged the environment ministry's findings on the construction.
Observing that the construction blatantly disregarded norms, the bench emphasized the severity of the violation.
In its affidavit, the ministry disclosed that its regional office in Shillong had conducted a site inspection regarding alleged violations of the Forest Conservation Act, 1980.
The inspection confirmed the violations, prompting the ministry to instruct the Assam government to cease construction on March 18.
Additionally, the ministry urged its regional office to take appropriate action against the violations.
The Tribunal bench expressed serious reservations about the project, noting, "It clearly reflects construction was done in utter violation of norms."
Meanwhile, the Ministry of Environment, Forest and Climate Change (MoEF&CC) has directed the Deputy Director General of Forests (DDGF), MoEF&CC, Regional Office, Shillong to “initiate action” against Assam’s ex-PCCF MK Yadava for allowing forest land to use for non-forestry activities without prior approval of the Central government.
In a letter to DDGF, MoEF&CC, Regional Office, Shillong, Suneet Bhardwaj, Asst Inspector General of Forest asked to initiate action “in the instant matter as prescribed under section 3A and 3B of the Van (Sanrakshan Evam Samvardhan) Adhiniyam.”
Section 3A of the “Van (Sanrakshan Evam Samvardhan) Adhiniyam” specifies imprisonment of up to fifteen days for officials responsible for the illegal diversion of forest land in contravention of the provisions of the Act.
Section 3B makes it clear that even in cases where the illegal diversion is caused by Authorities or Government Departments other than the HoD, the Head of the Department shall be considered guilty unless he proves that it was done without his knowledge or that he exercised all due diligence to prevent the commission of such offense.
The Environment Ministry orders came after the investigation initiated by the ministry found that large-scale construction activities were underway inside the Inner Line Reserve Forest at Damchera in Assam’s Hailakandi district for an Assam police commando battalion.
Ex-PCCF Yadava, who filed an affidavit before the NGT in January, asserted that no illegal diversion of forest land had occurred.
He claimed the land at Damcherra would be used solely for setting up temporary tents to house a Commando Battalion safeguarding the Inner Line Reserve Forest.
However, a counter-affidavit subsequently filed by the MoEF&CC before the NGT exposed former PCCF MK Yadava’s attempt to mislead the court regarding diverting 44 hectares of protected forest land for non-forestry activities.
WI Yatbon, Deputy Inspector General of Forest (DIGF) at MoEF&CC’s Shillong Regional Office, submitted a counter-affidavit before NGT on March 28 stating the opposite.
Yatbon’s affidavit revealed a large-scale construction project underway, contradicting Yadava’s description of temporary tents.
The affidavit described permanent concrete structures spanning a massive 11.5 hectares, with a plinth area close to 30,000 square meters.
The affidavit further stated that the scale of the construction far exceeded activities permitted under the Forest (Conservation) Act 1980 for conservation purposes, such as building check posts or firing ranges.
The affidavit further raised serious environmental concerns. It reported that the 11.5-hectare construction site had been completely cleared of vegetation and levelled. The affidavit mentioned that the area was previously used for rice fields and plantations, indicating a vital ecological area had been sacrificed for the project.
The remaining 32.5 hectares used for the project were described as moderately dense forest with teak and Gamari plantations. This underscores the potential loss of valuable biodiversity due to the project.
Even more alarmingly, the affidavit reported that the Assam PCCF and HoFF had approved construction in September 2023, classifying it as ancillary to forest protection despite the clear evidence of a permanent large-scale construction project.
The affidavit also documented environmental damage caused by the project, including direct dumping of construction soil near a stream and the presence of a stone crushing unit, raising concerns about water pollution and habitat destruction.