Guwahati: The National Green Tribunal (NGT) expressed strong disapproval of the affidavit filed by Assam’s principal chief conservator of forests (PCCF) and head of forest force (HoFF), RP Singh, regarding the diversion of 44 hectares of forest land within the Damcherra Inner Line Reserve Forest (ILFR) for non-forestry purposes.
The NGT’s principal bench, comprising chairperson Prakash Shrivastava, judicial member Arun Kumar Tyagi, and expert member Dr. A Senthil Vel, observed, “We are also prima facie of the view that the stand taken by the PCCF in the affidavit appears to be inconsistent with the stand of the state government. Learned counsel appearing for the state of Assam submits that he does not have a copy of the affidavit filed by the PCCF and has sought time to obtain a copy thereof and ascertain how such an affidavit has been filed.”
The Tribunal granted the state of Assam a four-week period to address this matter.
In his affidavit, the PCCF claimed that the Assam government’s position is that the activity falls under the category of “like purposes” as defined in Section 2(b) of the Forest (Conservation) Act, 1980, since its sole purpose is forest protection.
However, the Tribunal noted, “A perusal of the affidavit reveals that it is poorly worded and contains inappropriate phrasing.”
The NGT bench scheduled the next hearing for November 6.
“The Tribunal is examining the legality of diverting 44 hectares of protected forest land for a commando battalion headquarters in Barak Valley and whether this was done in violation of the Forest (Conservation) Act, 1980, and its associated norms and procedures,” it stated.
In proceedings dated April 23, after considering the counter affidavit of the Ministry of Environment, Forest, and Climate Change (MoEF&CC), the Tribunal observed that the construction had violated the prescribed norms.
The state’s advocate general admitted that construction had been halted and an application for permission was pending with the MoEF&CC. He also requested time to file a response to the application for impleadment.
Based on a new report published in Northeast Now on December 25, 2023, the NGT initiated a suo motu case concerning the diversion of forest land for establishing a unit of the Assam Police Commando battalion within the Damcherra Inner Line Reserve Forest (ILRF) by the then PCCF (now special chief secretary) MK Yadava, in contravention of Sections 3A and 3B of the Forest (Conservation) Act, 1980.
The Assam government allegedly proceeded with construction on forest land, bypassing the mandatory procedures outlined in the Forest (Conservation) Act, 1980, for constructing the headquarters of the 2nd Assam Commando Battalion Unit within the Inner Line Reserve Forest.