Assam: NGT asks Centre to submit affidavit on action taken against former PCCF
Battalion camp in Geleki Reserve Forest
Guwahati: The National Green Tribunal (NGT) has held that it is not for the Principal Chief Conservator of Forests (PCCF), Assam, to take a decision on whether the construction of a police battalion meant for 800 personnel with arms, ammunition, and sophisticated weapons would impact forest conservation or not.
The Tribunal directed the Ministry of Environment, Forests, and Climate Change (MoEF&CC) to file an affidavit within four weeks detailing the action taken against former PCCF MK Yadava, who "permitted diversion of forest land for making a commando battalion camp on 28 hectares of forest in Geleki, Sivasagar district."
NGT's eastern bench at Kolkata, in a strongly worded order issued recently, said the decision involving large constructions in forest areas has to be taken by the central government according to the Forest (Conservation) Act, 1980, which has been violated in this case.
Hearing the ongoing plea filed by an environmental activist, Rohit Choudhury, the NGT bench said, "There is nothing on record to show 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."
An affidavit submitted by the present PCCF, Assam, sought to justify the action by saying, "The Battalion infrastructure is meant to house 800 personnel with arms, ammunition, and sophisticated weapons, which requires a very strong construction that cannot be easily overpowered by armed miscreants from across the border, including members of the Nagaland Armed Police (NAP), who have already been seen to be aiding these encroachments and protecting the encroachers and various other non-forestry activity in Geleki Reserve Forest." It was also submitted that the "value of forest protection by the battalion has been completely misjudged and undermined."
The NGT pointed out that the MoEF&CC had filed an affidavit dated July 30, 2024, and a letter dated June 5, 2024 has been placed on record, which mentions that in pursuance of the order of the Tribunal dated May 29, 2024, a committee comprising of three members has been constituted with the direction to visit the site and submit its report to the NGT. But even after two months of the formation of the committee, no such report has been placed before this tribunal. The NGT order granted the MoEF&CC a further four weeks to file an affidavit with the committee's report.
The Tribunal stated that the affidavit of MoEF&CC shall also indicate what action has been taken against the then PCCF M. K. Yadava, who permitted diversion of forest land in violation of Section 2 of the Forest (Conservation) Act, 1980, for making solid constructions to house 800 personnel with arms, ammunition, and sophisticated weapons with parade areas, exercise areas, shooting areas, adequate housing, etc.
The NGT order also said the applicant may also file a rejoinder affidavit or response within four weeks, while listing the matter for the next hearing on October 4, 2024.
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