The Union surroundings ministry’s regional workplace in Shillong has directed the Assam forest division to take authorized motion in opposition to Particular Secretary (Forest) M Ok Yadava for authorising two commando battalion camps on forest land in “gross violation” of the legislation, official paperwork present.
The development of the camps has been beneath a cloud since early 2024 and confronted scrutiny from the surroundings ministry in addition to the Nationwide Inexperienced Tribunal’s principal bench and japanese zone bench (Kolkata).
The ministry’s order, dated Might 29, comes whilst its Forest Advisory Committee granted ex put up facto clearances to the commando camps earlier this 12 months, after the imposition of penalties.
Yadava had authorised Assam Police commando battalion camps within the Geleky forest, Sivasagar district, and in Damchera, Hailakandi district, over 26 hectares and 11 hectares of forest land, respectively. The ministry despatched two separate instructions to the Assam authorities, relating to the violations on the two camps.
The ministry’s order for motion in opposition to Yadava was obtained by Assam-based activist Rohit Choudhury beneath the Proper to Data Act.
The highest Indian Forest Service officer was served a showcause discover in Might 2024, after he was deemed responsible of violating the Van (Sanrakshan Evam Samvardhan) Adhiniyam 2023.
In October 2024, Yadava defended his determination to provide the go-ahead to the camps in his capability because the then principal conservator of forest (PCCF) and head of the forest drive (HoFF) in Assam.
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The ministry deemed this rationalization to be legally untenable. “Shri M Ok Yadava, the then PCCF and HoFF, Govt of Assam had no authority to grant permission for clearing of forest land for non-forest exercise with out the prior permission of Central Govt as per…Van (Sanrakshan Evam Samvardhan) Adhiniyam and Guidelines, Pointers and Notifications,” the ministry’s Shillong workplace famous in its Might 29 order.
The ministry mentioned this amounted to a “gross violation” of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, and added that it was additionally in opposition to the authorized ideas framed by courts and tribunals.
Yadava’s submission to the 2024 showcause discover, the ministry famous, didn’t show he was not liable to be proceeded in opposition to and punished as per provisions of the Van Adhiniyam and its Guidelines.
The ministry’s order thus authorised the divisional forest officer involved “to take authorized motion in opposition to the offender and furnish an action-taken report” inside 45 days.
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Beneath Rule 15 (2) of the Van (Sanrakshan Evam Samvardhan) Guidelines 2023, data on offences and violations needs to be communicated to the state forest division for submitting a criticism in opposition to offenders earlier than a courtroom.
Although he retired on February 29, 2024, Yadava was given a tenure extension until March 2025 and one other one after that, whilst his choices had been beneath scrutiny.
Yadava didn’t reply to calls and queries despatched by The Indian Categorical. Sandeep Kumar, PCCF and HoFF, Assam, didn’t reply to queries in search of touch upon the ministry’s order.
Pee Lee Ete, Deputy Inspector-Common of Forests within the surroundings ministry, who despatched the instructions to the Assam authorities in Might instructed The Indian Categorical, “We’ve got taken motion as per the provisions beneath legislation. We’re ready for an action-taken report from the state authorities.”
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In April 2024, even because the Union surroundings ministry had already directed the Assam authorities to cease work on the Damchera camp, Chief Minister Himanta Biswa Sarma sought its regularisation.
Sarma wrote to Union Surroundings Minister Bhupender Yadav, requesting that the surroundings ministry accord a “put up facto” approval to the camp, which was granted ultimately. Sarma had sought to justify the camps on forest land citing nationwide safety and forest encroachment as causes.
Ministry probe and NGT scrutiny
In December 2023, the NGT’s principal bench took up the matter concerning the commando camp in Damchera primarily based on media stories. Consequently, the surroundings ministry sought an in depth factual report from its regional workplace in Shillong. In the meantime, Assam-based activist Rohit Choudhury filed an utility earlier than the Kolkata bench of the NGT on the opposite camp in Geleky forest.
A website inspection of the Damchera camp revealed that the Assam forest division had constructed residential buildings for officers, garages, ration and clothes shops, and a small hospital on an space of 11.5 hectares. The location inspection report acknowledged that the work was in violation of norms, and primarily based on the report, the surroundings ministry had directed the Assam authorities to halt work.
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Utilizing the inspection report, the Shilling regional workplace had served a discover to Yadava. An analogous website inspection report on the Geleky camp was submitted by the Shillong workplace to the NGT and the surroundings ministry and located the camp to be in violation of the legislation.
Whereas the NGT’s principal bench has disposed of the Damchera case after Centre granted put up facto approval, the Geleky case is pending earlier than the Kolkata bench.