Assam: 'Why shouldn’t complaint be filed against you in court', Environment ministry asks ex-PCCF MK Yadava over diversion of forest land
Guwahati: The Ministry of Environment, Forest and Climate Change (MoEFCC) has issued a show-cause notice to Assam’s Special Chief Secretary (Forest) M.K. Yadava for approving the construction of a commando battalion headquarters on protected forest land without central government permission.
The MoEFCC’s regional office in Shillong on May 14, 2024, issued the notice to former Assam principal chief conservator of forest (PCCF) M K Yadava, asking him to show cause within 60 days as to why the ministry should not file a complaint against him in court for violation of the Forest (Conservation) Act, 1980.
The Environment Ministry’s notice came after the investigation initiated by the ministry found that large-scale construction activities on 44 hectares of land at Damchera inside the Inner Line Reserve Forest in Assam’s Hailakandi district for an Assam police commando battalion.
The notice stated that Yadava was “deemed guilty” under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 and was liable for punishment as per provisions of the Van (Sanrakshan Evam Samvardhan) Rules, 2023.
Under Section 2 of the Adhiniyam, no state government or authority can issue any order directing the use of forest land for non-forestry purposes without prior permission of the central government.
The MoEF&CC initiated an investigation in February this year after the 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.
Yadava allegedly bypassed mandatory procedures under the Forest (Conservation) Act, 1980, for this project located within the Inner Line Reserved Forest.
Under the provisions of the 2023 Rules of the Adhiniyam, the ministry’s Deputy Director General of Forest, Shillong, Imtienla Ao has sought an explanation from former PCCF MK Yadava.
In case Yadava fails to respond to the notice within 60 days, the MoEFCC will proceed with action, the notice mentioned.
The notice to Yadava came to light following an RTI application reply filed by environment activist Rohit Chowdhury.
On March 18, the MoEFCC had directed the Assam government to halt construction of the Commando Battalion headquarters after the ministry examined the inspection report of the Shillong regional office.
A site inspection by the MoEF&CC’s Shillong regional office raised concerns about the scale and permanence of the planned structures.
The report noted that the construction, spanning over 11 hectares with a plinth area of 30,000 square meters, doesn’t qualify as an “ancillary activity” exempt from forest clearance under the Forest (Conservation) Act, 1980.
On April 13, Assam Chief Minister Himanta Biswa Sarma wrote to Union Environment Minister Bhupender Yadav to intervene in the matter and requested that the environment ministry accord a “post-facto” approval to allow the resumption of construction of the commando camp.
Taking a Suo Motu cognizance, based on the Northeast Now report, the NGT issued notice to Assam’s then PCCF MK Yadava, Inspector General of the Ministry of Environment, Forest and Climate Change, Chief Wildlife Warden of the Assam Forest Department and the District Commissioner of Hailakandi district to appear before it.
