NGT warns Assam govt over diversion of forest land for non-forestry purposes in Barak Valley

Syllad | The Rising MeghalayaMarch 17, 2024

In a major environmental order, the National Green Tribunal (NGT) has 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.

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

The counsel appearing for MoEF&CC submitted that requisite information has been received by the MoEF&CC from the state and MoEF&CC will be filing the affidavit before the tribunal within two weeks. making the stand of MoEF&CC clear.

An Interlocutory application (No 124/2024) has been filed by one of the residents of the area seeking implementation on the ground that respondents especially state authorities are illegally raising the construction on the forest land.

The counsel for the state has not been able to disclose if the construction activity is going on whereas Counsel for the applicant in IA has referred to the photographs enclosed therewith to show that large-scale concrete permanent construction is going on. 

The NGT has fixed April 23 as the next date of the hearing.

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.

“The power of the Tribunal to take up the matter in suo-motu has been recognized by the Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897,” the NGT said in the order.

“In the circumstance of the case, we deem it proper to implead the following as respondents in the matter: Inspector General, MoEF &CC; Principal Chief Conservator of Forests (PCCF) & Head of Forest Force (HoFF), Assam Forest Department; Chief Wildlife Warden, Assam Forest Department; district commissioner/district magistrate, district Hailakandi,” the order added.