FAC defers decision on forest land diversion in Damcherra, seeks action against MK Yadava

Syllad | The Rising MeghalayaSeptember 14, 2024

The Forest Advisory Committee (FAC) under the Ministry of Environment, Forest and Climate Change (MoEFCC) has sought action against Mahendra Kumar Yadava, the former Principal Chief Conservator of Forest (PCCF) and current Special Chief Secretary (Forest), regarding the diversion of forest land in the Damcherra Inner Line Reserve Forest (ILRF) located in the Hailakandi district of Assam’s Barak Valley.

The land in question was allegedly diverted for non-forestry purposes, which goes against the regulations governing the use of protected forest areas.

Yadava, during his tenure as the PCCF of Assam, allegedly granted permission to set up a second commando battalion headquarters at the Damcherra ILRF in 2023. The decision was taken without obtaining the necessary forest clearance from the MoEFCC, thereby violating the Forest Conservation Act, 1980.

The Forest Conservation Act mandates that prior approval from the Central government is required before diverting forest land for non-forestry purposes. Yadava’s alleged approval of these projects without mandatory clearance has raised significant concerns about the breach of environmental regulations.

In a meeting held on August 27, 2023, the FAC discussed the issue but decided to defer its decision on granting ex-post facto forest clearance to the police battalions.

This means that the committee did not immediately approve the retrospective clearance for the land diversion and is likely to seek further clarification or actions concerning the violations before moving forward.

The minutes of the FAC meeting held on August 27, as available on the Parivesh website, provide details regarding the proposal to grant ex-post facto forest clearance for the establishment of the second commando battalion camp at the Damcherra ILRF in Hailakandi.

According to the minutes, the committee reviewed the facts presented and the submissions made by the Deputy Director General of Forest (Central), Shillong Regional Office, and the nodal officer. The proposal involved the diversion of 11.5 hectares of forest land for non-forestry use by the Assam Police Housing Corporation Limited (APHCL) to establish the commando battalion camp.

However, after considering the information, the FAC decided to defer the proposal for ex-post facto approval. This deferral means that no immediate decision was made regarding the retrospective clearance for the use of forest land, and the committee likely requires further investigation or information before proceeding with a final ruling on the matter.

The issue of forest land diversion in the Damcherra ILRF is under scrutiny by the National Green Tribunal (NGT). On August 5, the NGT expressed strong dissatisfaction with the affidavit submitted by Assam’s PCCF and Head of Forest Force (HoFF), R.P. Singh, regarding diversifying forest land for non-forestry purposes.

The NGT was particularly critical of the content and details of the affidavit, which pertained to the alleged illegal diversion of this significant portion of the Damcherra ILRF without proper forest clearance. The tribunal’s discontent indicates serious concerns about the environmental and legal violations in the case, especially since this land diversion for non-forestry purposes contravenes the Forest Conservation Act, 1980.