NGT Directs Environment Ministry to Form Committee for Assam-Nagaland Border Forest Survey

The National Green Tribunal (NGT) has directed the Ministry of Environment, Forest and Climate Change (MoEFCC) to establish a three-member committee. This committee will investigate claims regarding the diversion of a portion of a reserve forest located on the Assam-Nagaland border, which has reportedly been repurposed for the Assam police commando battalion.

Notices Issued to Government Entities

In addition to the formation of the committee, the NGT has issued notices to the Environment Ministry, the Assam government, the Assam Forest Department, and two other involved parties. These entities are required to submit their counter-affidavits within four weeks from May 29. The directive follows a petition filed by environmental activist Rohit Choudhury from eastern Assam, who opposes the alleged illegal use of the forest land.

Allegations of Misuse of Power

The petition accuses M.K. Yadava, former Principal Chief Conservator of Forests and Head of Forest Force in Assam, of abusing his authority to divert a significant portion of the forest without adhering to necessary requirements such as compensatory afforestation and net present value. The petition claims this action has caused environmental damage, for which Yadava should be held accountable.

Currently, Yadava serves as the Special Chief Secretary (Forest) in the Assam government.

Contravention of Legal Provisions

The petitioner referenced a letter from the Shillong regional office of the Environment Ministry. This letter indicated that the forest land had been used for non-forestry activities without the required central government permission, violating the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980.

Justification for Police Battalion Construction

In response to the allegations, Yadava reportedly cited a section of the Forest (Conservation) Act to justify the construction of the police battalion. He argued that the battalion’s presence was crucial for the conservation and protection of the forest land at Geleky, aimed at preventing encroachments by people from Nagaland along the interstate border.

The Assam-Nagaland boundary has been a contentious issue, leading to over 150 deaths between 1979 and 2021 due to various conflicts.

NGT’s Considerations

NGT’s judicial member, Justice Sheo Kumar Singh, and expert member, Arun Kumar Verma, highlighted that the issue involves significant environmental concerns and potential violations of the Forest (Conservation) Act, 1980. They emphasized the need for thorough examination.

Further Proceedings and Reporting

The NGT has scheduled the next hearing for August 9. Meanwhile, it has designated the Additional Director General of Forests responsible for the Forest (Conservation) Act within the Environment Ministry as the nodal officer to oversee the report after visiting the Geleky site.

Previous Controversy Involving Forest Land

This is not the first instance of controversy surrounding forest land in Assam. In 2023, the Environment Ministry criticized Yadava for authorizing the construction of a commando battalion unit on approximately 44 hectares of forest land along the Assam-Mizoram border. This measure was also intended to address encroachment issues, highlighting the recurring theme of boundary disputes and forest land management in the region.

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