Commando camp on forest land: Why shouldn’t complaint be filed against you in court, Centre asks senior Assam officer (2024)

The notice, sent on May 14, stated that Yadava was “deemed guilty” under the Adhiniyam and was liable for punishment as per provisions of the Van (Sanrakshan Evam Samvardhan) Rules, 2023. Under Section 2 of the Adhiniyam, no state government or authority can issue any order directing the use of forest land for non-forestry purposes without prior permission of the central government.

Speaking to The Indian Express, Yadava said, “I do not want to comment on the ministry’s show cause notice. But I would like to say that the issue here is the encroachment of forests in Assam by miscreants from Mizoram. Our activities are for the protection of forests.”

When questioned about the conclusions drawn by the environment ministry regarding prima facie violation of forest conservation laws, Yadava defended the state’s actions, “The activities have been carried out as per Section 2(B) and they are permissible”.

Under the provisions of the 2023 Rules of the Adhiniyam, the ministry’s Deputy Director General of Forest, Shillong, Imtienla Ao has sought an explanation from Yadava. In case Yadava fails to respond to the notice within 60 days, the environment ministry will proceed with action, the notice said.

Yadava, formerly principal chief conservator of forests, Assam Forest Department, had approved the construction of the 2nd Commando Battalion camp within the Inner Line Reserve Forest in September 2023 relying upon Section 2 (b) of the Forest (Conservation) Act, 1980, which exempts certain activities relating to conservation of forests from prior central permissions.

The notice to Yadava came to light as a response to a Right to Information (RTI) application filed by Assam-based environment activist Rohit Chowdhury.

The ministry’s notice to Yadava comes in the backdrop of a site inspection of the 2nd Commando Battalion Camp that the Shillong office carried out in March. The battalion camp, the inspector report had noted, was “large-scale and of permanent structures having a build-up area of 11.5 hectares” and did not have any semblance to any activities which are exempted from obtaining permission under forest conservation laws.

On March 18, the environment ministry had directed the Assam government to stop work on the battalion camp after examining the inspection report of the Shillong office.

Later, on April 13, Assam Chief Minister Himanta Biswa Sarma wrote to Union Environment, Forest and Climate Change Minister Bhupender Yadav to intervene in the matter and requested that the environment ministry accord a “post-facto” approval to allow resumption of construction of the commando camp.

Sarma said that without the camp, “the protection of that very forest does not otherwise seem possible”. Sarma justified the camp’s construction to Yadav on grounds of national security and encroachment of forests. Giving the context of the 2021 violence on the Mizoram-Assam border, in which six Assam police personnel were killed, Sarma said that a dedicated commando battalion is needed in the region to not only protect forests but also other encroachments in the inner line reserve forest.

The National Green Tribunal’s principal bench had first taken up the matter suo moto in January this year. The case is still pending before the bench and in the last hearing on April 23, the bench had noted that the camp’s construction was done in “utter violation of norms”.

Nikhil Ghanekar

Latest Comment