Achi news desk-
Guwahati: Former Assam Principal Principal Conservator of Forests (PCCF) and Head of Force of Forests (HoFF) Mahendra Kumar Yadav (now Principal Secretary of Forests), allegedly violated the statutory provision under Sections 3A and 3B of the Forest Conservation Act, 1980 by diverting. Forest land for non-forestry purposes in Damchera Inner Reserve Forest (ILRF) in Hailakandi District of Barak Valley.
This was stated in an affidavit before the National Green Tribunal, headed by Abench by Wyatt Iroy Yatbon, Deputy Inspector General of the Ministry of Environment, Forestry and Climate Change (MoEFCC) at the Regional Office, Shillong.
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The NGT was hearing a suo motu case on the diversion of 44 hectares of forest in the Damchera Inner Reserve Forest in the Barak Valley’s Hilkandi district for setting up a unit of the Assam Commando Regiment.
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The NGT bench comprising Justice Prakash Shrivastava, Chairman; Justice Sudhir Aggarwal, Judicial Member; Dr. A. Senthil Vel, Expert Member, took up the case based on a media report alleging that the government authorities are continuing construction in the forest lands bypassing the procedures required for Under the Forest (Conservation) Act, 1980 for the establishment of the Second Assam Command. The headquarters of the battalion unit inside the inner line of a reserved forest.
After hearing the case on March 16, the NGT warned the Assam government that if any illegal construction is erected by the state authorities on the forest land in the Barak Valley during the course of the suit, they will do so at their own risk and cost.
In its counter affidavit, the MoEFCC stated that prior approval of the Central Government is required under Section 2 (i) (ii) of the Van (Sanrakshan Evam Sambardhan) Adhiniyam 1980, formerly known as the Forest Conservation Act, for carrying out any non-forestry operation. Activity on forest land.
“In the report received from the commissioner of the Hailkandi district submitted by the state, it was mentioned, among other things, that due to the invasion and the law and order situation, a commando battalion is needed. The battalion can be the driving force for preserving forests, reforestation, training the smugglers and the peaceful border between countries,” it says In the counter affidavit of the MoEFCC.
“The Regional Office at Shillong vide its letter No. F NoRONE/EO A No 61/24/PB/S4081 dated March 12, 2024, sent a detailed site report in relation to allegations of violation of statutory provisions of the Forest Conservation Act, 1980 by PCCF and HoFF, Assam. The report was reviewed by the office and it was apparently observed that the use of forest land for non-forestry activities was allowed without prior approval from the central government, which is contrary to the provision of the law and the rules under the Forest Conservation Act, 1980,” it said.
“On March 18, 2024, the MoEFCC directed the state government to cease and desist the alleged construction activities immediately. The MoEFCC also asked its regional office at Shillong to initiate action as provided under Sections 3A and 3B of the Forest Conservation Act, 1980,” added
On January 24, the NGT issued further notices to the Chief Wildlife Warden (CWLW) of Assam and the District Commissioner of Hailakandi district in connection with a suo motu case against the then Assam Principal Conservator of Forests (PCCF and now Special Chief Secretary) Mahendra Kumar Yadav. For diversion of 44 hectares of forest land in Demchera Interior Reserve Forest (ILRF) for non-forestry purposes.
The NGT ordered to impeach the Assam PCCF, Inspector General of the Ministry of Environment, Forests and Climate Change (MoEFCC) Ramesh Kumar Pandey, Chief Wildlife Warden (CWLW) of Assam Sandeep Kumar and District Commissioner of Hailkandi district, Nisarg Hiwar to be the party The third party responsible to the plaintiff or the defendant.
It is alleged that Yadiba illegally transferred 44 dunams of protected forest land for the commando battalion headquarters in the Barak Valley, bypassing the mandatory procedures under the Forest (Conservation) Act, 1980, approval was given for the construction of the Assam Command II. Battalion unit headquarters within the Damchera inner line of reserved forest in Hailakandi district.
The report further stated that the Inner Line Reserve Forest, established in 1877, is a sprawling expanse of 1,10,000 dunams, known for its rich biodiversity, including endangered species such as the Hoolock gibbon, slow loris and clouded tiger, and serves as a crucial A habitat for elephants, tigers and a variety of birds.
The report also raised the essential issue regarding compliance with environmental norms.
