MK Yadava in trouble over forest land diversion for non-forestry purposes in Damcherra ILRF

Syllad | The Rising MeghalayaApril 23, 2024

Then Assam principal chief conservator of forest (PCCF) and head of forest force (HoFF) Mahendra Kumar Yadava, (now Special Chief Secretary Forest) had violated the statutory provision under section 3A and 3B of the Forest Conservation Act, 1980 by diverting forest land for non-forestry purposes at Damcherra Inner Line Reserve Forest (ILRF) in Hailakandi district of Barak Valley.

This was stated in an affidavit before the National Green Tribunal, Principal Ebench by Wyatt Iroye Yatbon, deputy inspector general of the Ministry of Environment and Forest and Climate Change (MoEFCC) at Regional Office, Shillong.

The NGT was hearing a suo motu case on the diversion of 44 hectares of forest at Damcherra Inner Line Reserve Forest in the Hailakandi district of Barak Valley for setting up a unit of the Assam Police Commando battalion.

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.

On January 24, the NGT issued additional notices to chief wildlife warden (CWLW) of Assam and district commissioner of Hailakandi district in connection with a suo motu case against then Assam principal chief conservator of forest (PCCF and now special chief secretary) Mahendra Kumar Yadava for diverting 44 hectares of forest land in Damcherra Inner Line Reserve Forest (ILRF) in for non-forestry purposes.

The NGT has ordered to implead Assam PCCF, Inspector General of Inspector General of the Ministry of Environment, Forest and Climate Change (MoEFCC) Ramesh Kumar Pandey, chief wildlife warden (CWLW) of Assam Sandeep Kumar and district commissioner of Hailakandi district, Nisarg Hivare to be the third party who is liable to the plaintiff or defendant.

It has been alleged that Yadava had illegally diverted 44 hectares of protected forest land for a Commando Battalion headquarters in Barak Valley, bypassing the mandatory procedures under the Forest (Conservation) Act, 1980, permission has been granted for the construction of the 2nd Assam Command Battalion Unit headquarter inside the Damcherra Inner Line of Reserved Forest in Hailakandi district.

The report further stated that the Inner Line Reserved Forest, established in 1877, is a sprawling 1,10,000-hectare expanse, known for its rich biodiversity, including endangered species like the Hoolock gibbon, slow Loris and clouded leopard and it serves as a crucial habitat for elephants, tigers, and a variety of birdlife.

The report further raised the substantial issue regarding compliance with environmental norms.