NGT orders probe into forest land diversion for non-forestry purposes at Geleky Reserve Forest

Syllad | The Rising MeghalayaJune 1, 2024

The National Green Tribunal (NGT) has ordered the Ministry of Environment, Forest and Climate Change (MoEFCC) to constitute a committee to survey part of a reserve forest on the Assam-Nagaland border allegedly diverted for the establishment of an Assam Police commando battalion.

The NGT directive came based on a petition filed by environment activist Rohit Choudhury.

Notably, then Assam principal chief conservator of forest (PCCF) and present special chief secretary (forest) Mahendra Kumar Yadava diverted 28 hectares of forest land for non-forestry purposes in Geleky in Upper Assam’s Sivasagar district with his own power even as the Ministry of Environment, Forest and Climate Change (MoEF CC) is the sole authority to make such a decision.

According to the official notification vide No FG 46/Border/Nagaland/Pt-11 dated November 15, 2022, the piece of land was diverted for setting up a commando battalion camp along Assam-Nagaland border of Geleky Reserve Forest for “protection and conservation of reserved forest land and conservation of forest resources”.

In an order on May 29, the Eastern Zone bench of NGT comprising Justice Sheo Kumar Singh and expert member Dr Arun Kumar Verma said: “We deem it appropriate to constitute a committee comprising of the following officers of MoEF&CC to enquire the case comprehensively,” read the NGT order. Additional Director General of Forest, MoEF&CC dealing with Forest (Conservation) Act, Additional Secretary, MoEF&CC nominated by Union Secretary, MoEF&CC and Deputy Director General of Forests (C), MoEF&CC, Integrated Regional Office, Meghalaya will be the members of the committee.”

The NGT also issued notices to the MoEFCC, the Assam government, the Assam forest department, and two others to file counter-affidavits within four weeks from May 29.

“The committee shall visit the site and submit its report on affidavit. The Additional Director General of Forest, MoEF&CC shall be the nodal officer for filing the report on affidavit,” the NGT order stated.

In his petition, environment activist Rohit Choudhury said: “The Assam forest department has diverted 28 hectares of reserve forest illegally for the establishment of 2nd Assam Commando Battalion in Assam-Nagaland interstate border area of Geleky Reserve Forest located in Sivasagar district of Assam without any approval from MoEF&CC.”

It is alleged that Yadava had misused his power and position to illegally divert a large part of the forest area without fulfilling the requirements of Compensatory Afforestation and Net Present Value which makes him personally liable for compensating and restoring the damage done to the forest.

Clearing 28 hectares of Reserved Forest for a non-site-specific activity like a commando battalion headquarters, stating that it is a purpose ancillary to forest conservation, is perverse. 

By this token, any non-forestry activity can be portrayed as a purpose ancillary to forest conservation.

Many such diversions were affected by MK Yadava in violation of the Forest Conservation Act, 1980 and the orders of the Supreme Court in Godavarman Thirumulkpad Vs. Union of India are coming to light.

Again, there is no environmental clearance under the E(P) Act for the construction, which is yet another violation.