It is not for the Principal Chief Conservator of Forests, Assam to a take a decision on whether the construction of a police battalion meant for 800 personnel with arms, ammunitions and sophisticated weapons would impact forest conservation or not, the National Green Tribunal has held.
NGT was hearing an application by environmentalist and RTI activist Rohit Choudhury against violation of the forest conservation act in diversion of forests in Assam. (AP File Photo)
In a strongly worded order issued on August 9, NGT’s eastern bench said: “In view of the Guidelines (MoEFCC), we are of the view that it is not for the PCCF Assam to take a decision as to whether the strong constructions for 800 personnel with arms, ammunitions and sophisticated weapons would impact forest conservation or not since the decision in such a case has to be taken by the Central Government in view of the mandatory statutory requirement of Section 2 of the Forest (Conservation) Act, 1980.”
It added that: “There is nothing on record to show that there is any permission or sanction granted by the Central Government for diversion of forest land in question for the constructions referred to in the affidavit of the PCCF, Assam.”
NGT was hearing an application by environmentalist and RTI activist Rohit Choudhury against violation of the forest conservation act in diversion of forests in Assam’s Geleky Reserved forest. Former PCCF and head of forest force, MK Yadava, had approved the diversion of 28 ha of reserved forest land for a police battalion without prior mandatory forest clearance.
HT reported on April 25 that Yadava, who made the news for approving the construction of a commando battalion unit on the Assam-Mizoram border through the diversion of around 44 ha of forests in 2023, a decision criticised by the Union environment ministry, also approved the diversion of another 28 ha at the Assam-Nagaland border in Geleky reserve forest in 2022 for a police battalion camp.
NGT also noted in its August 9 order that Ministry of Environment, Forests and Climate Change (MoEFCC) filed an affidavit dated July 30 and along with the affidavit, also placed on record a letter dated June 5 on the formation of a committee comprising AK Mohanty, Additional Director General of Forests (FC), MoEFCC, Tanmay Kumar, Additional Secretary, MoEFCC, and Imtienla Ao, DDG Forests (C), MoEFCC, Regional Office, Shillong to “ visit the site and submit its report on affidavit to the NGT” .
The order noted that “two months have already passed but no such report has been placed before this tribunal by the Additional Director General of Forests (FC), MoEFCC”. It gave “MoEFCC further four weeks time for filing the said affidavit.”
NGT ordered that the affidavit of MoEFCC shall also indicate what action has been taken against the former PCCF MK Yadava who permitted diversion of forest land in violation of Section 2 of Forest (Conservation) Act, 1980.
NGT also referred to an affidavit filed by present PCCF, Rajpal Singh on August 8 where he made a number of allegations against the applicant, Choudhury.This affidavit also argued that the “battalion infrastructure is meant to house 800 personnel with arms, ammunitions and sophisticated weapons which requires a very strong construction which cannot be easily overpowered by armed miscreants from across the border including members of the Nagaland Armed Police (NAP).” It added that if 800 people were to be scattered in small structures of forest check posts with sophisticated weapons, they won’t be able to withstand the armed aggression from the other side.
“Hence, it is humbly submitted that the value of forest protection by the battalion has been completely misjudged and undermined,” the affidavit filed on behalf of Assam government stated and also referenced Para 11.8 of the Consolidated Guidelines and Clarifications, 2019, issued by MoEFCC on the FC Act. The guidelines state that: “But if structures are large and would impact on conservation, prior permission under the Forest (Conservation) Act, 1980 would be required.”
“Having quoted the guideline, the affidavit seeks to play upon the word “And” and it is stated that the Guideline of the Ministry in Para 11.8 with two conditions joined by “And” clearly indicate that it is not sufficient for the structure to be large but also the structure should be negatively impacting on forest conservation,” NGT observed.
It noted that in spite of the admission of the state that 800 personnel with arms, ammunitions and sophisticated weapons have been housed with strong construction, Assam is trying to argue that it has complied with MoEFCC’s guidelines.
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