Guwahati, Aug 13: The National Green Tribunal (NGT) has sought clarification from the Ministry of Environment, Forest and Climate Change (MoEFCC) regarding the actions taken against the former Assam Principal Chief Conservator of Forest (PCCF) for the unauthorized diversion of 28 hectares of forest land within the Geleky Reserve Forest in Upper Assam’s Sivasagar district for non-forestry purposes.

M.K. Yadava, who has been accused of diverting 44 hectares of forest land in the Daamcherra Inner Line Reserve Forest in Hailakandi district for similar non-forestry purposes, is also implicated in this case of diverting 28 hectares in Geleky.

The diversion of this forest land was carried out by the then PCCF, despite the fact that the MoEFCC is the sole authority to make such decisions.

In his affidavit to the NGT, Yadava defended the diversion, claiming that the construction of the commando battalion was an activity related to Forest Conservation and Management, and that no tree felling occurred during the process.

The Eastern Zone Bench of the NGT, consisting of Judicial Member Justice B Amit Sthalekar and Expert Member Dr Arun Kumar Verma, has now instructed the MoEFCC to file an affidavit detailing the actions taken against Yadava, who allegedly violated Section 2 of the Forest (Conservation) Act, 1980, by allowing the construction of facilities to accommodate 800 personnel with arms, ammunition, and other infrastructure, including parade and shooting areas.

The NGT expressed surprise that such construction was allowed, pointing out that the 2019 guidelines clearly state that state governments must ensure that the essence of the Forest (Conservation) Act, 1980, is upheld and that forest land is not diverted for residential buildings, bungalows, or similar purposes.

The NGT further emphasized that it was not within the PCCF Assam’s authority to decide whether such construction would impact forest conservation, as this decision must be made by the Central Government under the statutory requirements of Section 2 of the Forest (Conservation) Act, 1980. The tribunal noted that there was no evidence of any permission or sanction granted by the Central Government for this diversion of forest land.

On May 29, the NGT formed a three-member committee to visit the site and submit a report in the form of an affidavit. The Additional Director General of Forests, who oversees the Forest (Conservation) Act within the MoEFCC and serves as the nodal officer for this case, was expected to submit this report, but the committee failed to do so within the stipulated time.

“Today is August 9, and two months have already passed, but no such report has been placed before this Tribunal by the Additional Director General of Forests (FC), MoEF&CC,” the NGT observed.

The NGT bench has granted the MoEF&CC an additional four weeks to file the required affidavit, setting the next hearing date for October 4.

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