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Northeast Now Impact: NGT summons Assam PCCF MK Yadava for ‘clearing protected forest’

02:58 PM Jan 16, 2024 IST | NE NOW NEWS
UpdateAt: 03:38 PM Jan 16, 2024 IST
Assam PCCF MK Yadava. (File image)
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GUWAHATI: The National Green Tribunal (NGT) has summoned Principal Chief Conservator of Forests (PCCF) & Head of Forest Force (HoFF) of Assam MK Yadava for allegedly illegally clearing protected forest for a Commando Battalion headquarters in Barak Valley.

Taking a Suo Motu cognizance, based on a news report titled, “Assam: PCCF MK Yadava accused of illegally clearing protected forest for Commando Battalion” published on Northeast Now on December 25 last year, the green panel issued notice to the top forest official.

Besides MK Yadava, the NGT has instructed Inspector General of the Ministry of Environment, Forest and Climate Change, Chief Wildlife Warden of the Assam Forest Department and the Deputy Commissioner/District Magistrate of Assam's Hailakandi district to appear before it.

The officials have been instructed by the NGT to appear before it on January 23 “at the Hon’ble Tribunal at Faridkot House, Copernicus Marg, New Delhi… through Physical Hearing (With Hybrid Option)”.

The summon notice issued by Arvind Kumar, Deputy Registrar of the NGT, stated that Assam PCCF MK Yadava “may appear before the Hon’ble Tribunal in person or by a pleader duly instructed, with your report”.

“Take further notice that in default of your appearance on the date above mentioned, the said Application will be heard and determined in your absence,” the summon notice from the NGT read.

Assam: PCCF MK Yadava accused of illegally clearing protected forest for Commando Battalion

An environmental activist has filed a complaint with the Ministry of Environment, Forests & Climate Change (MoEF&CC), accusing the Assam government’s top forest official of illegally diverting 44 hectares of protected forest land for a Commando Battalion headquarters in Barak Valley.

The complaint, filed against M.K. Yadava, the Principal Chief Conservator of Forests (PCCF) & Head of Forest Force (HoFF), alleged that he bypassed mandatory procedures under the Forest (Conservation) Act, 1980, to grant permission for the construction of the 2nd Assam Commando Battalion Unit headquarters inside the Inner Line Reserved Forest in Hailakandi district.

The project is being executed by Assam Police Housing Corporation.

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. The forest also serves as a crucial habitat for elephants, tigers, and a variety of birdlife.

The complaint details how the Assam Cabinet in July 2022 decided to establish six commando battalions across the state, with one unit earmarked for the Inner Line Reserve Forest. Despite the protected status of the area, the DFO Hailakandi, with the alleged backing of  HoFF and PCCF Yadava, granted permission to hand over 44 hectares of forest land for the project.

The complainant argues that Yadava “misleadingly interpreted” the Forest Conservation Act and wrongly classified the commando unit as an activity “ancillary to forest conservation” to justify the diversion. He further accuses the PCCF of failing to consult the state or central government, as mandated by the law, before granting permission.

He further mentioned that satellite imagery suggests construction began before official permission, potentially under the PCCF & HoFF’s instructions.

The complaint highlights similar instances where courts have intervened against illegal forest diversions, including a 2019 National Green Tribunal ruling against a police training center built in Haryana without proper clearance. It also cites a Delhi High Court order reprimanding the Forest Department for constructing a trail within a protected area, emphasizing their role as custodians, not owners.

The alleged violation of environmental laws and the bypassing of established procedures have also sparked outrage among conservationists and local communities.

An environmental activist, who requested anonymity, strongly criticized the proposed use of forest land for the Commando Battalion headquarters.

“Given the non-site-specific nature of the Commando Battalion headquarters project, allocating reserve forest area for its construction is entirely unjustifiable. There is simply no valid reason to sacrifice precious forest for a project that could be located elsewhere,” he said.

He also accused the PCCF of blatantly disregarding the Supreme Court’s order by sanctioning construction within the boundaries of the protected forest area.

“Diversion of forest land without the prior approval of Central government violates Supreme Court’s landmark judgment in Godavarma Thirumukpad vs Union of India case,” he said.

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