Assam
The case involves the unauthorised diversion of reserved forest land for the construction of Commando Battalion Camps in Assam—projects initiated without mandatory prior approval from the Central Government.

Guwahati: The Ministry of Environment, Forest and Climate Change has ordered legal action against Assam’s Special Chief Secretary, M K Yadava, for serious breaches of the Forest (Conservation) Act, 1980.

The case involves the unauthorised diversion of reserved forest land for the construction of Commando Battalion Camps in Assam—projects initiated without mandatory prior approval from the Central Government.

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Yadava, who was serving as Principal Chief Conservator of Forests and Head of Forest Force at the time of the alleged violations, is accused of illegally permitting the diversion of 28 hectares in the Geleky Reserved Forest (Sivasagar Division) and 11.5 hectares in the Innerline Reserved Forest (Hailakandi Division) for non-forest purposes.

According to official inspection reports, large-scale permanent constructions were carried out by the Assam Police Housing Corporation Ltd. without Central clearance.

A site visit by the Ministry’s Regional Office in Shillong in August 2024 found that nearly 80% of construction at Geleky had already been completed. Another inspection in March 2024 at Innerline Reserved Forest revealed the presence of around 500 workers, heavy machinery, and ongoing construction over an estimated plinth area of 30,000 square metres.

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The Ministry, invoking Rule 15(2) of the Van (Sanrakshan Evam Samvardhan) Rules, 2023, has now empowered Divisional Forest Officers in Assam to initiate prosecution against Yadava.

They have been given 45 days to file complaints and submit action-taken reports. Additionally, the Assam Government is required to provide monthly updates to the Ministry’s Shillong office.

While Yadava defended the construction projects as being necessary for forest protection, the Ministry rejected this rationale as “not legally tenable.” The Advisory Committee acknowledged the role of security forces in protecting forested areas but reaffirmed that prior Central Government clearance is mandatory under Rule 11.8 of the Forest (Conservation) Act and its 2023 amendments.

The situation has also raised concerns of a potential conflict of interest, as Yadava’s current position as Special Chief Secretary gives him influence over administrative decisions, including those related to potential legal proceedings against himself.

Meanwhile, the National Green Tribunal has closed a related case involving the Damchera camp following post-facto clearance, but the Geleky matter remains under judicial consideration before the NGT’s Kolkata bench.