Forest land diversion case: NGT issues additional notices to Hailakandi DC, CWLW of Assam

Guwahati: The National Green Tribunal (NGT) on Wednesday issued additional notices to chief wildlife warden (CWLW) of Assam and district commissioner of Hailakandi district in connection with a suo motu case against Assam principal chief conservator of forest (PCCF) Mahendra Kumar Yadava for diverting 44 hectares of forest land in Damcherra Inner Line Reserve Forest (ILRF) in for non-forestry purposes.

Based on a media report on the diversion of forest land for setting up a commando battalion in the Hailakandi district of Assam’s Barak Valley, the NGT has ordered to implead Assam PCCF, Inspector General of Inspector General of the Ministry of Environment, Forest and Climate Change (MoEFCC) Ramesh Kumar Pandey, chief wildlife warden (CWLW) of Assam Sandeep Kumar and district commissioner of Hailakandi district, Nisarg Hivare to be the third party who is liable to the plaintiff or defendant.

The NGT has already taken up a suo motu case and summoned Assam PCCF Mahendra Kumar Yadava and IG of MoEFCC Ramesh Kumar Pandey to appear in the tribunal on Wednesday.

Both the senior officials appeared before the tribunal through their representatives in New Delhi on Wednesday.

The matter was heard by Dr A Senthil Vel, Expert Member.

Advocates Azim H Laskar and Bikar Kargupta appeared for the State of Assam, while senior lawyer Thakur Sumit appeared for MoEF & CC.

The NGT also fixed February 15 as the next date of the hearing.

The NGT has registered a suo-moto based on a report titled “Assam: PCCF MK Yadava accused of illegally clearing protected forest for Commando Battalion” published in Northeast Now on December 25, 2023.

The report alleged that the Assam government's top forest officials had illegally diverted 44 hectares of protected forest land for a Commando Battalion headquarters in Barak Valley, bypassing the mandatory procedures under the Forest (Conservation) Act, 1980, permission has been granted for the construction of the 2nd Assam Command Battalion Unit headquarter inside the Inner Line of Reserved Forest in Hailakandi district.

The report further stated that the Inner Line Reserved Forest, established in 1877, is a sprawling 1,10,000-hectare expanse, known for its rich biodiversity, including endangered species like the Hoolock gibbon, slow Loris and clouded leopard and it serves as a crucial habitat for elephants, tigers, and a variety of birdlife.

The report further raised the substantial issue regarding compliance with environmental norms.

“The power of the Tribunal to take up the matter in suo-motu has been recognized by the Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897,” the NGT said in the order.

“In the circumstance of the case, we deem it proper to implead the following as respondents in the matter: Inspector General, MoEF &CC; Principal Chief Conservator of Forests (PCCF) & Head of Forest Force (HoFF), Assam Forest Department; Chief Wildlife Warden, Assam Forest Department; district commissioner/district magistrate, district Hailakandi,” the order added.