Forest land diversion: Inspection report evident non-forestry works in Geleky, Centre asks for action

Syllad | The Rising MeghalayaOctober 3, 2024

The Site Inspector Report (SIR) has revealed non-forestry activities on 28 hectares of forest land in the Geleky Reserve Forest, located in Upper Assam’s Sivasagar district, which borders Nagaland.

This discovery led the Central Government to demand action against the officials responsible for diverting forest land for non-forestry purposes, a violation of existing forest protection laws.

In a formal letter to the Additional Chief Secretary (Forest), Assistant Inspector General of Forest, Ministry of Environment, Forest and Climate Change (MoEFCC), Suneet Bharadwaj expressed concerns about the findings. The Ministry, after reviewing the SIR, observed that these non-forestry activities occurred without prior approval from the Central Government. This contravenes the statutory provisions of the Forest (Conservation) Act, 1980, also known as Van Sanrakshan evam Samvardhan Adhiniyam, 1980.

The Shillong Regional Office of the MoEFCC submitted the site inspection report on August 22, 2024, under letter no. 3ASC/255/2024/Ghy/381 to the MoEFCC, highlighting the non-compliance with forest conservation regulations. This report has triggered a call for accountability and appropriate action against those who permitted this unauthorized diversion of forest land.

In the letter, the Assistant Inspector General of Forest (AIGF) mentioned that the MoEFCC had received a proposal from the Assam state government seeking ex post facto approval for the violation of the Van Sanrakshan evam Samvardhan Adhiniyam, 1980 (Forest Conservation Act, 1980).

Prior to this, the Ministry had already been informed of the violation and had conveyed this information to both the state government and the regional office, instructing them to take the necessary actions.

The letter further requested that appropriate actions be initiated under Section 3A of the Van Sanrakshan evam Samvardhan Adhiniyam, 1980, which deals with the consequences and penalties for contraventions of the Act. The AIGF urged the authorities to address the matter as per the legal provisions, ensuring accountability for the unauthorized activities on the forest land in question.

Earlier, the MoEFCC has issued a show cause notice to Mahendra Kumar Yadava, the Special Chief Secretary (Forest), for allegedly diverting forest land beyond his authority and bypassing the MoEF&CC.

In the notice, the MoEFCC accused Yadava of illegally diverting forest land without the required clearance. This diversion was for the construction of a commando battalion camp at Geleky Reserve Forest.

A high-level central team led by Anjan Mohanty, IFS, ADG-FC from the Ministry of Environment, Forest and Climate Change (MoEF&CC), along with senior officials from the ministry, conducted a site inspection of the Geleky Reserved Forest violation site. The team, which also included Rajendra Garawad, DIG from the MoEF&CC Regional Office, CCF-Forest Conservation in Assam, and Sivasagar DFO Sayambrita Dutta Madhab, inspected as directed by the Eastern Zone Bench of the National Green Tribunal (NGT). The Site Inspection Report (SIR) is expected to be submitted to the NGT Bench this week, ahead of the scheduled hearing on October 4.

The investigation stems from a petition filed by environmental activist Rohit Choudhury, who alleged that the Assam Forest Department, under the leadership of then Principal Chief Conservator of Forests (PCCF) M.K. Yadava, illegally diverted 28 hectares of forest land in Geleky for the construction of a Commando Battalion camp. Choudhury claims Yadava misused his authority by approving the project without securing clearance from the MoEF&CC, thereby violating the Forest (Conservation) Act, 1980.