The Nationwide Inexperienced Tribunal (NGT)’s principal bench has sought a response from the Assam Authorities and the Ministry of Surroundings, Forest and Local weather Change (MoEF&CC) concerning whether or not an environmental clearance was obtained for the Assam Police commando camps constructed on forest land within the state’s Hailakandi district.
Final yr, the Surroundings Ministry discovered that the development was achieved in violation of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, as no prior approvals have been obtained from the Centre.
A bench, headed by NGT chairperson Justice Prakash Shrivastava and consisting of judicial member Justice Sudhir Agarwal, and professional member A Senthil Vel, issued the instructions in a suo moto matter pertaining to the development of Assam Police commando battalion camp by diverting 44 hectares of forest land within the Hailakandi district.
“Realized Counsel for the proposed intervenor has additionally raised a problem that no EC (environmental clearance) has been obtained for the challenge. It will likely be open to respondents State of Assam and MoEF&CC to file supplementary affidavit on this regard,” the NGT order said.
NGT handed the order on Monday, April 7, and it was made public on Wednesday.
Through the listening to Monday, Advocate Parul Gupta showing for Assam-based intervenor Rohit Choudhury submitted to the bench that the development in Hailakandi ought to appeal to provisions of the Surroundings Influence Notification (EIA), 2006, as a consequence of its giant expanse. Beneath the EIA notification, buildings and constructions of 20,000 sq. kilometre and above want prior permissions earlier than beginning work.
In response to the submission, the NGT bench sought the Assam Authorities and Centre’s views on the matter. The bench additionally pulled up the Union surroundings ministry, and sought to know what motion was taken in opposition to the violation of forest conservation legal guidelines with reference to the development of the camp.
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Final yr, the surroundings ministry’s regional workplace in Shillong stated M Okay Yadava, at the moment serving as a Particular Secretary (Forest) on extension within the Assam Authorities, was ‘deemed responsible’ beneath the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, and was chargeable for punishment for guiding use of forest land for non-forestry functions with out prior approvals from Centre.
“It’s a case of flagrant violation of the regulation. Part 2 has been violated in clear phrases,” Justice Shrivastava stated.
Justice Agarwal stated, “Simply final week within the Vrindavan matter, the Supreme Courtroom has imposed the environmental compensation, computing on the charge of Rs 1 lakh per tree. Right here, 1000’s of bushes have been lower”.
Two police battalion camps — one within the Hailakandi district and one other within the Sivasagar district on the Geleky reserve forest — have been probed by the surroundings ministry for finishing up building with out prior approvals beneath the Van Adhiniyam, the nation’s regulation on forest conservation.
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Whereas the NGT’s principal bench is listening to the violations pertaining to the Hailakandi forest, the Tribunal’s jap bench in Kolkata is listening to a plea on the diversion of the Geleky forest within the Sivasagar district.
Website inspections performed by the surroundings ministry’s Shillong workplace discovered contravention of the Van Adhiniyam in each situations. As per the Shillong workplace website inspection report for Hailakandi, everlasting constructions have been constructed on 11.5 hectares of land, together with residential buildings, a large number, a small hospital, a college, and a neighborhood centre.
Nevertheless, the Union surroundings ministry regularised each police camps in February this yr. The ministry’s forest advisory committee granted ex-post facto clearances to the camps whereas imposing penalties.