Top Assam official under fire for illegal forest land diversions; Centre demands action, conflict of interest clouds probe

Syllad | The Rising MeghalayaJuly 3, 2025

Assam’s Special Chief Secretary MK Yadava, a former Principal Chief Conservator of Forests (PCCF), is facing serious heat from the Centre for unauthorized diversion of forest land in two separate cases—one in Hailakandi district and another along the Assam-Nagaland border in Sivasagar district.

The Ministry of Environment, Forest and Climate Change (MoEF&CC) has accused Yadava of illegally approving the diversion of 11.5 hectares of forest land at Damcherra ILRF in Hailakandi and another 28 hectares at Geleky Reserve Forest in Sivasagar for the construction of a Commando Battalion Camp—without obtaining prior approval from the Central government, as required under Section 2(1)(ii) of the Forest (Conservation) Act, 1980.

In a sharply worded letter dated May 29, 2025, the DIG of Forests (Central) pointed out that Yadava not only bypassed mandatory clearance procedures but also allowed large-scale construction to proceed unchecked. The ministry noted that over 80% of construction had already been completed, including concrete permanent structures—none of which are permissible without central clearance.

The ministry rejected Yadava’s explanation to a show-cause notice, calling it “legally untenable.” It emphasized that under Rule 11.8 of the 2023 Rules, Yadava had no authority to approve the land diversion for non-forest use, as such power lies exclusively with the Central government.

MoEF&CC has now instructed the Divisional Forest Officer (DFO) to initiate legal proceedings under Rule 15(2) of the 2023 Forest Conservation Rules and to submit an Action Taken Report within 45 days. The Assam Forest Department has also been directed to provide monthly compliance updates to the Shillong Regional Office, given the seriousness of the violations and ongoing litigation before the National Green Tribunal (NGT).

However, the case is entangled in a conflict of interest that may stall accountability. While the Centre has ordered legal action, any prosecution against Yadava still requires state government approval—and Yadava, now Special Chief Secretary, holds the authority to approve or block such proceedings. This effectively places him in a position to decide whether action should be taken against himself.

The situation has sparked criticism from environmental groups and legal experts, highlighting the systemic loopholes that shield high-ranking officials from legal consequences, even in clear cases of environmental law violations. As scrutiny intensifies, the spotlight is now on the Assam government’s response and whether it will uphold accountability or allow the issue to fade into bureaucratic inertia.

Notably, the National Green Tribunal (NGT), which took up the case, observed that the case involved violations of both the Forest (Conservation) Act and the Environment (Protection) Act. In response, the Government of Assam submitted an undertaking to the NGT, agreeing to limit the construction area to less than 20,000 square meters to address the Environment Act violation. The Tribunal further noted that the Ministry of Environment, Forest and Climate Change (MoEF&CC) had granted ex-post-facto clearance under the Forest Act, with the condition that action be initiated against MK Yadava under Sections 3A and 3B. Based on these developments, the NGT closed the case. However, the ex-post-facto clearance granted under the Forest Act is now being legally challenged by environmental activist Rohit Choudhury.