Staff Reporter
Guwahati: The Union Ministry of Environment, Forest and Climate Change (MoEFCC) has informed the National Green Tribunal (NGT) that the Assam government did not submit any proposal or take permission for non-forest activity inside Sonai Rupai Wildlife Sanctuary (SRWS) in Sonitpur district.
This was disclosed in a counter affidavit filed by the ministry in connection with the construction of roads, bridges, schools, and encroachments at the wildlife sanctuary.
The counter affidavit was filed in an original application registered by NGT on the basis of a complaint letter petition dated September 20, 2023, submitted by the applicant, Dilip Nath, alleging violation of provisions of the Forest (Conservation) Act, 1980, in Sonai Rupai Wildlife Sanctuary in Sonitpur district of Assam. The allegation is that illegal roads, bridges, and schools have been constructed by the state government within the wildlife sanctuary, and there is illegal encroachment and depletion of forest by illegal encroachers who should be evicted.
It was submitted that prior approval of the central government under Section 2(1)(ii) of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, is required for carrying out any non-forestry activity on forest land. Moreover, it was submitted that “as per sub-office Guwahati of Regional Office Shillong, no proposal seeking Forest Clearance with respect to the instant matter is available with them,” the counter affidavit submitted on July 30 mentioned.
In April this year, an affidavit was filed by the state forest department before the NGT, which stated that several schools, a 5-kilometre road, a tea garden, wells, and polling stations were found to be built inside Sonai Rupai Wildlife Sanctuary and nearby Charduar Reserve Forest.
During a hearing in May, the NGT directed the MoEFCC to file a counter affidavit mentioning the action taken against officers who allowed the illegal constructions and steps taken to remove them.
The ministry mentioned in the counter affidavit that encroachments and illegal constructions were also violations of the Wildlife (Protection) Act, 1972, and violators are liable to be imprisoned for a term extending to three years or a fine up to one lakh rupees, or both. The MoEFCC also mentioned in the affidavit that the land in question was a “subject matter of the state” and that “the state government is itself empowered to take action and initiate proceedings against the wrongdoers” in case of unauthorized constructions and illegal encroachments.
Moreover, in May, the NGT had also asked the Chief Secretary of Assam to file an affidavit giving details of officers who “permitted such extensive construction” in “gross violation” of the Forest (Conservation) Act, 1980. He was also directed to explain the “inaction of the principal chief conservator of forest, under whose very nose such illegal activities were allowed to go on since 2017.”
The Assam government, in its affidavit filed last month, stated that 68 schools with around 3000 students were operating inside SRWS and the neighbouring Charduar reserve forest and that the education of these children might get affected if the schools are shut and the forest area cleared immediately. While admitting that the schools were operating without permission, it was stated that a comprehensive plan was being prepared for their resettlement and rehabilitation. However, there was no mention of any action taken to remove the encroachments and constructions in order to restore the forest.
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