MK Yadava in fresh trouble as Centre issues show cause over forest land diversion in Damcherra ILRF

Syllad | The Rising MeghalayaMay 24, 2024

Former Assam principal chief conservator of forest (PCCF) and present special chief secretary (forest) Mahendra Kumar Yadava is now in fresh trouble as the regional office of the Ministry of Environment, Forest and Climate Change (MoEFCC) in Shillong issued a notice asking him to show cause as to why it should not file a complaint against him in court for violation of forest conservation laws.

Yadavaa, when he was the PCCF, had violated sections 3A and 3B of the Forest Conservation Act, 1980 by diverting 44 hectares of forest land for non-forestry purposes (construction of the 2nd Commando Battalion Camp) at Damcherra Inner Line Reserve Forest (ILRF) in Hailakandi district of Barak Valley.

The notice to Yadava came to light as a response to a Right to Information (RTI) application filed by environment activist Rohit Chowdhury.

In the notice which was issued on May 14 by the Deputy Director General of Forest, Shillong, Imtienla Ao, stated that Yadava was “deemed guilty” under the FC Act and was liable for punishment as per provisions of the Van (Sanrakshan Evam Samvardhan) Rules, 2023. 

Under Section 2 of the Adhiniyam, no state government or authority can issue any order directing the use of forest land for non-forestry purposes without prior permission of the central government.

The notice has sought an explanation from Yadava within 60 days. In case Yadava fails to respond to the notice within 60 days, the ministry will proceed with action, the notice stated.

The notice to Yadava comes in the backdrop of a site inspection of the 2nd Commando Battalion Camp that the Shillong office carried out in March. The battalion camp, the inspector report had noted, was “large-scale and of permanent structures having a built-up area of 11.5 hectares” and did not have any semblance to any activities that are exempted from obtaining permission under forest conservation laws.

Based on a media report, the National Green Tribunal’s principal bench had first taken up the matter suo moto in January this year. The case is still pending before the bench and in the last hearing on April 23, the bench had noted that the camp’s construction was done in “utter violation of norms”. 

The NGT bench comprising Justice Prakash Shrivastava, chairperson; Justice Sudhir Agarwal, judicial member; Dr A Senthil Vel, expert member, took up the case based on media report alleging 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 headquarter inside the Inner Line of Reserved Forest.

Hearing the case on March 16, the NGT warned the Assam government that if any illegal construction is raised by the state authorities on the forest land in Barak Valley during the pendency of the case, they will be doing so at their own risk and cost.

In its counter-affidavit, the MoEFCC stated that prior approval of the Central Government under Section 2 (i) (ii) of the Van (Sanrakshan Evam Sambardhan) Adhiniyam 1980 earlier known as Forest Conservation Act is required for carrying out any non-forestry activity on forest land.

“The report received from district commissioner Hailakandi submitted by the state inter-alia mentioned that due to encroachment and law and order situation, there is a need for a commando battalion. The battalion could be the driving force for forest conservation, reforestation, taming the smugglers and for the peaceful inter-state border,” the counter-affidavit of the MoEFCC stated.

“The regional office Shillong vide its letter No F NoRONE/EO A No 61/24/PB/S4081 on March 12, 2024, sent its detailed site report vis-à-vis allegations of violation of statutory provisions of Forest Conservation Act, 1980 by PCCF and HoFF, Assam. The report has been examined in the Ministry and prima facie it has been observed that the use of forest land for non-forestry activities has been allowed without prior permission of the Central government which is in contravention of the statutory provision and rules under the Forest Conservation Act, 1980,” it stated.

“On March 18, 2024, the MoEFCC directed the state government to stop and discontinue the alleged construction activities forthwith. The MoEFCC also requested its regional office in Shillong to initiate action as prescribed under sections 3A and 3B of the Forest Conservation Act, 1980,” it added.