The Assam government has sought from the Union environment ministry’s Forest Advisory Committee, the regularisation of its illegal diversion of forest land in the state’s Hailakandi and Geleky divisions.
NGT has already suo motu taken up the matter against alleged illegal diversion of 44 hectares of protected forest to set up the Assam Police’s Commando Battalion located near the Assam-Mizoram border in Hailakandi district. (Representative/AP File Photo)
Apart from applying for ex-post facto forest clearance for these two diversions , the state government has also appealed that MK Yadava, former principal chief conservator of forests (PCCF), Assam who allowed diversion of these lands in violation of the law, be condoned, and that imposition of all penal provisions on the official be withdrawn.
The Forest Advisory Committee considered the two contentious proposals among others on Tuesday. These forests have already been diverted and most constructions have come up. In 2023, MK Yadava, the then principal chief conservator of forests and head of the forest force in Assam, approved the construction of these commando battalions without prior forest clearance under the Forest Conservation Amendment Act.
HT reported on March 24 that Assam chief minister Himanta Biswa Sarma wrote to Union environment minister Bhupender Yadav on April 13, requesting that the ministry accord post facto forest clearance to the construction of a commando battalion unit in a protected forest. Sarma and Yadav both did not comment on the contents of the letter then.
The agenda for the FAC meeting which took place on Tuesday, available on Parivesh website states that Assam government has requested the Centre to “condone the inadvertent mistake, if any, of the PCCF and HoFF who acted on behalf of the State Govt. in the interest of the forest protection only and not otherwise,” and also “do away with the imposition of provisions of section 3A and 3B (Punishment for violation of FC Act), as the diversion was resorted to by the Forest Department only for protection of forest, possibly to sacrifice 40 odd hectares of degraded land devoid of tree cover to save thousands of hectares of the remaining forests from undergoing further degradation.” T
Yadava was appointed special chief secretary (forests) by the Assam government following his retirement in February.
The Assam government has also appealed that the Centre do away with imposition of net present value (NPV), which is the cost of forests lost, and Penal NPV on the proposed diversion.
HT reported on May 25 that the Union environment ministry has issued a show cause notice to Yadava for allegedly diverting forest land without proper clearance to build a police commando battalion camp.
The main argument by Assam government for seeking ex-postfacto clearance for these projects is that “there is rampant construction of pitched roads, bridges, police battalion camps, illegal settlements and encroachments from Mizoram side inside Inner Line Reserved Forest (ILRF) measuring over 3,000 Ha of forest land and entering as far as 6-10km into ILRF by taking advantage of the disputed interstate boundary. As per the proposal, there are also reports that Rohingyas are being settled by inimical forces within ILRF.’ Assam government further stated that it is a matter of “national security”and “it was recommended that the area already broken and levelled of 11.45 ha on which permanent concrete structures were constructed or in process of being established, may be regularized under the process of Forest (conservation) Act.”
An FAC member on condition of anonymity said the meeting was held on Tuesday and decisions will be updated in the minutes of the meeting.
It’s important to note that NGT has already suo motu taken up the matter against alleged illegal diversion of 44 hectares of protected forest to set up the Assam Police’s Commando Battalion located near the Assam-Mizoram border in Hailakandi district. Thereafter environment and RTI activist, Rohit Choudhary filed an application in NGT’s eastern bench against illegal diversion of forest land at Geleky Reserved Forest.
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 had held on August 9.
“Post-facto approvals undermine the very essence of the Van Adhiniyam 1980. If the MoEFCC routinely regularises such fait accompli projects, it risks eroding the Ministry’s own credibility and the authority of the law itself. This practice creates a perverse incentive where violating forest laws becomes more advantageous than adhering to them,” said Debadityo Sinha, Lead- Climate & Ecosystems, Vidhi Centre for Legal Policy.
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