Approval under the Forest Conservation Act is required for non-forest activities on forest land, and compliance with environmental regulations is essential for project legality.

ORDER

1. This Original Application (OA) was registered suo-motu based on the news item titled “Assam: PCCF MK Yadava accused of illegally clearing protected forest for Commando Battalion” published in the Northeast Now News dated 25.12.2023. The news item had disclosed that an environmental activist had filed the complaint with the Ministry of Environment, Forest and Climate Change (MOEF&CC), making allegations against the Assam Government’s top forest officials for illegally diverting 44 acres of protected forest land for a Commando Battalion Headquarters in Barak Valley. The complaint was against the Principal Chief Conservator of Forests (PCCF) and Head of Forest Force (HoFF) that he bypassed the mandatory procedure prescribed under Forest Conservation Act, 1980 (FC Act, 1980) while granting permission for construction of the second Assam Commando Battalion unit headquarter inside the inner line of reserved forest in Hailakandi District. Further disclosure was made in the news item that the project was being executed by the Assam Police Housing Corporation. The news item disclosed that the inner line reserved forest established in 1877, was a sprawling 1,10,000-hectare expanse, known for its rich biodiversity, including endangered species like the Hoolock gibbon, slow Loris and clouded leopard and it was also a crucial habitat for elephants, tigers and variety of birds. It refers to the Assam Cabinet decision to establish one unit out of six in inner line reserved forest despite the protected status of the area.

2. The Tribunal, by order dated 23.01.2024, while taking up the matter in suo-motu exercise of power, had impleaded the Respondents and had issued notices to them. Initially, the affidavit dated 21.01.2024 was filed by the Respondent No. 2-PCCF, Assam, denying the allegation and taking the stand that no illegal diversion of 44 hectares of forest land was done and that to set up camp for the Commando Battalion created for the protection of the inner line reserved forest the space was allowed as per Cabinet decision of Government of Assam along with the Assam-Mizoram Border. The affidavit emphasised the need for setting up the camp for the Commando Battalion in that area. In this affidavit, a plea was also raised that the ownership of land was and shall continue to be with the Forest Department and the area shall continue to be a reserved forest by stating as under:-

“xxx xxx xxx

xiii. Also, the ownership of the land is and shall continue to be with the Forest Department and the area shall continue to be a Reserved Forest, with full access to the Assam Forest Department. Further it is to be mention that around 11.4 hectare will be utilised for housing infrastructure and facilities for the battalion which has been recovered from evicting the encroached area, while 32.5 ha area will be utilised for outdoor training purposes of the battalion of the Police and the Forest Personnel. Further, no tree is being felled in establishing the whole battalion camp.

It is pertinent to mention that as per the Government Notification dated 22-10-2021, the Battalion (Operation) was to be set up at Birsima, but the area being heavily forested, the location was subsequently shifted to the current spot, which was earlier occup