Guwahati: 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.
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 an Inner Line Reserved Forest.
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.
