Order of the National Green Tribunal regarding clearing of protected forest area in Barak Valley for Commando Battalion headquarters, 23/04/2024
Order of the National Green Tribunal in the matter of News Item titled "Assam: PCCF MK Yadava accused of illegally clearing protected forest for Commando Battalion" appearing in the Northeast Now News dated 25.12.2023 dated 23/04/2024.
The application, registered suo-moto, issue involved is about legality of diversion of 44 hectares of protected forest land for a Commando Battalion headquarters in Barak Valley and illegal construction for that purpose inside the Inner Line of Reserved Forest in Hailakandi district.
Counter affidavit filed by MoEF&CC said that "the use of forest land for non-forestry activities has been allowed without prior permission of the Central Government which is in contravention of the statutory provisions and rules under Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980." Further, MoEF&CC, March 18, 2024 directed the Assam government to stop and discontinue the alleged construction activities forthwith. The ministry also asked its regional office, Shillong to initiate action "as prescribed under section 3A and 3B of the Evam Van (Sanrakshan Samvardhan) Adhiniyam."
The court noted that the affidavit clearly reflected that the construction has been done in utter violation of the norms.
Advocate General appearing for the state of Assam has submitted that construction activity has now been stopped and has sought four weeks time to file response in the matter. He has further submitted that an application has been made to MoEF&CC for permission which is pending. The NGT, April 23 granted four weeks time for the Advocate General to file the response. The next hearing of the case has been listed for August 2, 2024.