Row over battalion unit construction in Assam forest

The construction of the commando battalion unit was cleared in the Assam-Mizoram interstate border area of Inner Line Reserve Forest involving diversion of around 44 acres of forest.

A forest official in Assam allowed construction by a commando battalion unit in a protected forest, ostensibly to stop encroachments by Mizo people from neighbouring Mizoram, creating a furore among local conservationists, compelling the Union environment ministry to take notice and direct the state government, in March this year, to immediately halt construction.

In 2023, MK Yadava, then the principal chief conservator of forests and head of the forest force in Assam, approved the construction by a commando battalion unit in the Assam-Mizoram interstate border area of Inner Line Reserve Forest involving diversion of around 44 acres of forest, according to official government documents.

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Construction started shortly after that without a prior forest clearance under the Forest Conservation (Amendment) Act, 2023. Now, following several complaints by environmentalists and a report reviewing the case by its regional office, the Union environment ministry has held that the construction is in contravention of statutory provisions and rules under law.

“The report of the regional office has been examined in the ministry, and prima facie it has been observed that the use of forest land for non-forestry activities has been allowed without prior approval of the central government, which is in contravention of the statutory provisions and rules under Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980,” the ministry said in a letter dated March 18. “Taking into account the aforesaid, the state government is urged to stop all construction activities in the aforementioned area/ land in question, with immediate effect, till further orders or decision in the matter.”

“It is pertinent to mention here that continuation of construction activities as above will amount to violation of Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 and attract penal provisions,” said the letter, a copy of which HT has seen.

Yadava has since been appointed as special chief secretary (forest) by the Assam government following his retirement in February. He had suggested that the construction by the commando battalion would be important to check alleged encroachments by the Mizo people across the border and therefore was ancillary to conservation.

In a letter to additional principal chief conservator of forests on September 29, 2023, also seen by HT, Yadava wrote that as per section 2(b) of the forest conservation law, the non-forest purpose means “any purpose other than reforestation: but does not include work relating or ancillary to conservation, development and management of forest and wildlife, namely, establishment of checkpost, firelines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.”

Yadava reasoned in the letter:“Since the proposal for 43.99 ha of forest land for establishment of second commando battalion unit in the Assam-Mizoram interstate border area for protection and conservation of reserved forest land, it qualifies as an activity relating to conservation of forests mentioned under section (2) of the forest conservation act 1980… Therefore you are allowed to go ahead with the establishment of the proposed second commando battalion unit in the interest of conservation and protection of forest land.”

The Union environment ministry has taken strong objection by the interpretation offered by Yadava. “The word ‘and other like purposes’ appear to allude to such purposes similar to the ones aforementioned namely, checkpost, firelines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines but it is observed that the extent (of 30,000 sq mt of build-up over 11.5 ha of area) and type of structures being permanent concrete does not have much similarity to those,” it said in its letter to the state government.

Yadava is close to chief minister Himanta Biswa Sarma, which is why he has been given a position after his retirement, local environmentalists said. “The fact that after approving this project he was given the position of special secretary shows he is close to the dispensation. But laws and rules have to be followed no matter who you are,” said a legal and wildlife activist based on Assam who did not wish to be named.

Chandra Mohan Patowary, environment minister, Assam did not respond to queries from HT on why the battalion construction did not go through the prescribed forest clearance process. Sarma’s office, too, did not respond to a request for comment.

The forest clearance granted by Yadava was taken up by the National Green Tribunal on its own in January based on a news report about the diversion of forest land. The tribunal sought an explanation from the Assam forest department and the district magistrate of Assam’s Hailakandi district on the alleged diversion of 44 hectares of protected forest.

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Interestingly, its order of February 15, NGT stated that Yadava’s affidavit claimed that there was no illegal diversion of forest land, which would only be used for setting up “tents” for the commando battalion. The environment ministry’s letter, on the other hand, suggested there was a built-up area of 11.5 ha and its regional office’s report also said there was extensive civil construction.

The Union environment ministry confirmed sending the letter to additional chief secretary of forests, Assam, on the violations. Yadava has neither responded to the ministry not answered calls from HT seeking comment.

The Assam cabinet in 2022 approved an amount of ₹839.95 crore for the formation of commando battalions in the state police for five districts.

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