Guwahati Sept 23: In a significant move, the National Green Tribunal (NGT) has intervened to stop the construction of a road inside the Barak Bhuban Wildlife Sanctuary in Assam’s Cachar district expressing its concerns over the diversion of forest land for non-forestry purposes, which is a violation of environmental protection laws.
The Tribunal has held the special chief secretary (forest), MK Yadava, personally liable for this diversion. The NGT has cited Section 3A and 3B of the Forest (Conservation) Act, 1980—known as Van Sanrakshan Evam Samvardhan Adhiniyam, 1980—under which those responsible for the misuse of forest land for non-forestry activities can be penalized.
Section 3A allows for penalties against government officials and other individuals for violating the Act, while Section 3B covers the offences related to the illegal use or destruction of forest land. This ruling emphasizes accountability at high levels of governance, indicating that the misuse of protected forest areas will not be tolerated, and officials can face personal consequences for such actions.
Based on a petition filed by Pradeepsinh Shekhawat from Jaipur, Rajasthan, Eastern Zone Bench of NGT comprising Judicial Member B Amit Sthalekar and Expert Member Arun Kumar Verma
“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 were responsible for illegal activities,” the Tribunal said.
“Direct that MK Yadava and the concerned officials of be made personally liable for the damage caused to the forest area and pay compensation for the loss to ecology and environment,” the order stated.
“Direct punishment of MK Yadava and other concerned officials of Assam forest department under Section 3A and 3B for committing offences under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980,” the order added.
The NGT also issued notices to all respondents—Assam government, Assam forest department, special chief secretary (forests) MK Yadava, Ministry of Environment, Forest And Climate Change (MoEFCC) and district commissioner of Cachar, asking them to file counter-affidavits within four weeks.
The tribunal will hear the petition on December 6.
In his petition, the petitioner Pradeepsinh Shekhawat has raised concerns that the ongoing construction is causing significant environmental damage, violating the Forest (Conservation) Act, 1980, and guidelines issued by the Central government in December 2023. The construction project is allegedly diverting forest land for non-forestry purposes without proper clearance, potentially leading to the destruction of the sanctuary’s biodiversity and habitats.
The petitioner accused Yadava of issuing a directive in November 2022 that allegedly facilitated the illegal diversion of forest land for a road construction project in the Barak Bhuban Wildlife Sanctuary. At the time of issuing the directive, Yadava was serving as the PCCF and Head of the Forest Force (HoFF) in the state.
The petition claimed that Yadava misused his official authority to allow the project, violating the Forest (Conservation) Act, 1980, and disregarding the guidelines issued by the Central government in December 2023.
Yadava retired from his position as PCCF on February 19, 2024, but was reappointed as Special Chief Secretary (Forest) by the Assam government shortly thereafter. The case adds to the mounting legal troubles Yadava faces, with accusations of environmental violations during his tenure as the state’s top forest official.
The petition highlighted allegations of his direct contravention of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 (Forest Conservation Act, 1980), by approving the diversion of forest land for non-forest purposes without obtaining the required Central government approvals. According to the petition, Yadava, during a meeting on November 22, 2022, instructed the Public Works Department (PWD) to proceed with road construction within the Barak Bhuban Wildlife Sanctuary in Cachar district, Assam, without adhering to the statutory provisions mandated by the Act.
The petitioner asserted that the minutes of the meeting demonstrate Yadava’s disregard for legal frameworks and the orders of the Tribunal, further alleging that this represents yet another example of Yadava’s misuse of power during his tenure as the PCCF and Head of Forest Force (HoFF).
