Diversion of forest land at Damcherra ILF: NGT reprimands Assam PCCF

Syllad | The Rising MeghalayaAugust 5, 2024

The National Green Tribunal (NGT) was super furious about the affidavit that Assam principal chief conservator of forest (PCCF) and head of forest force (HoFF) RP Singh which was filed on diversion of 44 hectares of forest land under Damcherra Inner Line Reserve Forest (ILFR) for non-forestry purposes.

The Principal Bench of the NGT comprising chairperson Prakash Shrivastava, Judicial Member Arun Kumar Tyagi and Expert member Dr A Senthil Vel

“We are also prima facie of the view that the stand taken by the PCCF in the affidavit appears to be not in consonance with the stand of the state government. Learned counsel appearing for the state of Assam submits that he does have a copy of the affidavit filed by the PCCF and he has sought time to obtain a copy thereof and also ascertain as to how such an affidavit has been filed,” the Tribunal said.

“At this stage, learned Counsel for the state of Assam has prayed for four weeks. The prayer is allowed,” the Tribunal said.

In his affidavit, the PCCF has stated that the stand of the Assam government is that the said activity is very much covered under 2(b) under like purposes” as the purpose of the activity is forest protection only and nothing else.

“The perusal of the affidavit shows that it has been unhappily worded and improper phases have been used,” the Tribunal noted.

The NGT bench fixed November 6 as the next date of hearing of the case.

“The Tribunal is examining the issue of legality of diversion of 44 hectares of protected forest land for a commando battalion headquarter in Barak Valley and if the same has been done in violation of the Forest (Conservation) Act, 1980 and the requisite norms and procedure,” it said.

The Tribunal in the proceedings dated April 23, after taking note of the counter affidavit of MoEF&CC had noted that the construction was done in violation of the norms. The advocate general for the state had also submitted on that day that the construction activity has stopped and an application has been made to the MoEF&CC for permission, which is pending.

Advocate General, Assam had also sought time for filing a response to the application for impleadment.

Based on media report, the NGT has taken up a suo motu case in connection with the diversion of forest land for setting up a unit of the Assam Police Commando battalion at Damcherra Inner Line Reserve Forest (ILRF) by then PCCF (now special chief secretary) MK Yadava violating section 3A and 3B of the Forest Conservation Act, 1980.

It was alleged that that the government authorities are going ahead with construction in the forest land bypassing the mandatory procedures under the Forest (Conservation) Act, 1980 for construction of the 2nd Assam Command Battalion Unit headquarters inside the Inner Line of Reserved Forest.