Assam: NGT Interim Order Bars Construction in Barak Bhuban Wildlife Sanctuary

Staff Reporter

Guwahati: The Eastern Zonal Bench of the National Green Tribunal (NGT) at Kolakata issued an interim order that unless and until there is sanction from the Central Government as required under Section 2 of the Forest (Conservation) Act, 1980, no construction shall be permitted within the Barak Bhuban Wildlife Sanctuary during the pendency of the present Original Application.

The application No.192/2024/EZ  (I.A. No.70/2024/EZ) relates to the ‘illegal’ construction of a road to Bhuban Hill inside the sanctuary.

The Original Application was filed by the applicant seeking the following reliefs: (a) To issue suitable order/directions directing the Respondents to stop all illegal constructions, including the illegal construction of road to Bhuban Hill, within the Barak Bhuban Wildlife Sanctuary located in Cachar District, Assam; (b) Issue suitable order/directions directing the respondents to undertake site inspection and assess the damage done to the forest area and to recover payment for Compensatory Afforestation and Net Present Value from the erring officials of the Forest Department responsible for any illegal activities; (c) Direct that MK Yadava (then PCCF & HoFF, Assam) and the concerned officials be made personally liable for the damage caused to the forest area and pay compensation for the loss to ecology and environment;  (d) Direct punishment of MK Yadava and other concerned officials under Section 3A and 3B for committing offences under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980; and (e) Pass any other orders as the Tribunal may deem fit and proper in the facts and circumstances of the instant case.

The allegation of the applicant is of construction of a road within the Barak Bhuban Wildlife Sanctuary without obtaining prior approval from the Central Government as mandated by the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980.

It is also alleged that the illegal construction is still ongoing and creating an environmental hazard in the said Wildlife Sanctuary.

It is mentioned in the report of the field visit of the site in question dated November 29, 2022, by the then PCCF & HoFF, Assam, about the diversion of the area under the Forest (Conservation) Act, 1980, and afforestation in an equivalent area elsewhere.

In the report, two approaches were suggested for purposes of taking decisions: that the Forest Department shall have no control over the road as it will be a public road, whereas approach 2 mentions that the entire control of the road and Right of Way (ROW) shall continue to be with the Forest Department.

Subsequently, in the said minutes, a decision was taken that the Forest Department will have full control of the road as it will be a departmental road with the right of the PWD to maintain it at regular intervals. It is, therefore, submitted that construction of the road over the land that is admitted in the report to be forest land would amount to diversion of forest land, which is not permitted without sanction of the Central Government in view of the mandatory provisions of Section 2 of the Forest (Conservation) Act, 1980.

The NGT bench observed that the matter required consideration and ordered the issue of notices to the respondents, returnable within four weeks.

In the meantime, the bench ordered that the construction work be stopped, unless there is sanction from the Central Government as required under Section 2 of the Forest (Conservation) Act, 1980.

 Also Read: Assam Government Approves Creation Of 2nd Wildlife Sanctuary In Barak Valley (sentinelassam.com)

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