The NGT.
Credit: DH Photo
Guwahati: The National Green Tribunal (NGT) has expressed "surprise" over construction of a building for a commando battalion of Assam Police violating the Forest (Conservation) Act, 1980.
A bench of Justice Sheo Kumar Singh and Expert Member Dr Arun Kumar Verma also stated that it is waiting for a report from the Union Ministry of Environment, Forest and Climate Change (MoEFCC) regarding the violation.
The NGT had registered a case on complaints of RTI activist Rohit Choudhury, who alleged that 28 hectares inside Geleky Reserve Forest near the Nagaland border were diverted to construct a building for the 2nd Assam Commando Battalion in Sivasagar district without any approval from the MoEF&CC.
"We are surprised that in spite of the admission that 800 personnel with arms, ammunition and sophisticated weapons have been housed with strong construction, how the same could have been done," the bench said.
"The basic spirit and essence of the Forest (Conservation) Act, 1980 is not to divert Forest Land for construction of residential buildings, bungalows, quarters etc," the NGT said.
In its order on August 9, the NGT also cited the Guidelines of 2019, which mentioned that all state governments should ensure adherence to the Forest (Conservation) Act.
"Bare minimum (operational) buildings which are essential for management of bio-wealth such as forest guard huts, check-posts, range offices, small inspection bungalows (2-3 rooms), un-tarred single lane roads etc can be taken up without causing damage/destruction to the forest thereon," it said.
The NGT highlighted that the Guidelines categorically mentioned that if the structure is large and would impact on conservation, prior permission under Act would be required.
In view of the Guidelines, the Principal Chief Conservator of Forests (PCCF) cannot decide on whether a large building where 800 armed personnel will stay should be constructed inside the forest, the bench said.
Such a decision should be taken only by the central government, the NGT said adding that it is waiting for MoEFCC’s report on action taken against the then PCCF of Assam, M K Yadava.
The MoEF&CC filed an affidavit on July 30 stating that a three-member committee has been constituted to enquire into the issue, but it has not submitted its report yet. The Tribunal gave one more month's time to it for preparing the report.
Defending the decision to construct the battalion, the Assam government told the NGT that the infrastructure was created to protect the Geleky Reserve Forest from encroachments, setting up of administrative units from across the border, deforestation, and smuggling of timber among other unlawful activities.