Guwahati, Feb 8: The Ministry of Environment, Forest, and Climate Change (MoEFCC) has clarified before the National Green Tribunal (NGT) that the Assam government has not submitted any proposal seeking approval for diverting forest land inside the Barak Bhuban Wildlife Sanctuary for road construction.
In an affidavit submitted to the NGT, Deputy Inspector General of Forest (Central), Laetitia Jean Syiemiong, stated that no request has been received under the Wildlife (Protection) Act, 1972, for constructing a road to Bhuban Hills within the sanctuary.
On September 19, 2024, the Eastern Zone Bench of the NGT, comprising Judicial Member B. Amit Sthalekar and Expert Member Arun Kumar Verma, imposed a stay on road construction inside the wildlife sanctuary in response to a petition filed by Pradeep Singh Shekhawat, a resident of Rajasthan, who alleged that 15 hectares of forest land had been illegally diverted for the project.
The Tribunal, in its interim order, stated, “Considering the allegations made, we direct that unless and until there is sanction from the Central Government 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 case.”
The petition accuses M.K. Yadava, former Principal Chief Conservator of Forests (PCCF) and Head of Forest Force (HoFF) in Assam, of facilitating the illegal diversion of forest land for the project. According to the petitioner, Yadava issued a directive in November 2022 allowing the Public Works Department (PWD) to proceed with road construction without obtaining the necessary Central government approvals.
Despite retiring on February 19, 2024, Yadava was later reappointed as Special Chief Secretary (Forest) by the Assam government. His alleged involvement in this case has added to the growing legal challenges he faces regarding environmental violations during his tenure.
The petition further claimed that Yadava’s actions were in direct violation of the Forest (Conservation) Act, 1980—also known as Van Sanrakshan Evam Samvardhan Adhiniyam, 1980—which mandates that any diversion of forest land for non-forestry purposes requires prior approval from the MoEFCC.
The Tribunal has held Special Chief Secretary (Forest), M.K. Yadava, personally liable for the unauthorized diversion of forest land. The NGT has cited Sections 3A and 3B of the Forest (Conservation) Act, 1980, which allow for the punishment of government officials found guilty of misusing protected forest land.
Notably, Section 3A of the Act penalizes government officials and individuals violating forest conservation laws. Section 3B addresses offenses related to illegal use or destruction of forest land.
In a strongly worded order, the NGT directed: Yadava and other responsible officials must be held personally liable for the damage caused to the forest and pay compensation for the ecological and environmental loss.
The NGT bench said punitive action must be taken against Yadava and other Assam Forest Department officials under Sections 3A and 3B for violating forest conservation laws.
