File affidavit on action against Assam top forest officer, NGT tells Centre

Hearing the ongoing plea alleging violation of Forest Conservation Act, 1980, the NGT bench said, “There is nothing on record to show there is any permission or sanction granted by the Central Government for diversion of forest land in question for the constructions referred to in the affidavit of the PCCF, Assam.”

“The affidavit of MoEF&CC (Ministry of Environment, Forest and Climate Change) shall also indicate what action has been taken against the then PCCF (Principal Chief Conservator of Forest) Shri MK Yadava who permitted diversion of Forest land in violation of Section 2 of Forest (Conservation) Act, 1980 for making solid constructions to house 800 personnel with arms, ammunitions and sophisticated weapons with parade area, exercise areas, shooting area, adequate housing etc,” the NGT order said.

This is the second such case involving forest officer Yadava, who is currently Special Chief Secretary (Forests). In the other case, the regional office of the Environment Ministry had served a show cause notice to Yadava after it found violation of forest laws in the construction of a commando battalion camp in Hailakandi district.

In May this year, the eastern bench had ordered a committee of senior Environment Ministry officials to probe into allegations of forest law violations. However, a report is yet to be filed.

In an affidavit filed before the NGT, the Assam forest department had argued that the construction for the battalion “is an activity for forest conservation and forest management and while undertaking the activity, no tree felling has been resorted to.”

The Tribunal said in its order, “…we are of the view that it is not for the PCCF Assam to take a decision… since the decision in such a case has to be taken by the Central Government…”