5 days ago
Assam commando battalion camp: ‘No further deliberation, interference needed': NGT disposes of suo motu case
Disposing of a suo motu case regarding the construction of an Assam commando battalion camp on reserve forest land in Hailakandi district, the National Green Tribunal (NGT) has said in its order that further deliberation is not required without any challenge to the Centre's post facto forest approval to the camp.
The tribunal also took on record the Assam government's undertaking that it would dismantle all constructions beyond 20,000 sqm (above which prior environmental clearance is needed), and said, 'In the above circumstances, we are of the view that no interference in this OA (original application) is required.
'…We are of the view that at this stage without there being any challenge to the said order further deliberation on this issue is not required. The clearance under Section 2 of the FC (Forest Conservation) Act, 1980, now exists in favour of the Assam Police Housing Corporation Limited,' the NGT noted in its order issued on May 30.
Earlier, the Assam government had submitted to its State Environment Impact Assessment Authority (SEIAA) that the camp did not require environmental clearance as its extent was under 20,000 sq m. The SEIAA had taken the view that the project came under the ambit of an 'educational institute'.
The Assam government and SEIAA had relied upon an environment ministry notification, granting exemption from prior green nod to buildings and constructions with a built-up area up to 1,50,000 sqm, such as warehouses, industrial sheds, and colleges. This was stayed by the Supreme Court in February this year.
Considering the top court's order, the NGT said, '… view of the SEIAA, Assam that the project is exempted as an educational institute in the Minutes of Meeting dated 22.04.2025 need to be re-examined by SEIAA, Assam.'
The principal bench comprising NGT chairperson Justice Prakash Shrivastava, judicial member Sudhir Agarwal, and expert member Vel had taken suo motu cognizance of the battalion camp's construction by diverting 44 hectares of forest land, based on a news report. It had reserved its order in April.
One of the key issues considered by the Tribunal was 'whether the approval of the Central Government under Section 2 of the FC Act, 1980, was required for the diversion of the forest land and construction of the camp… and if such a permission has been obtained?' the order said.
The NGT order noted that the construction clearly fell within the meaning of 'non-forest' activity and it was not in dispute that the land in question is forest land.
It noted that the Assam government sought Centre's approval under the FC Act for non-forestry use of 11.5 hectare of forest land for the camp and a post facto approval was granted in February.
However, before the Assam government approached Centre, the Environment Ministry had informed the NGT that the camp's construction was in contravention of the Van Sanrakshan Evam Samvardhan Adhiniyam, 2023, (formerly known as Forest Conservation Act, 1980). It said that the construction had begun without prior approval.
Later, it had asked the Assam government to stop the construction and directed its regional office in Shillong to initiate action as per law. In May 2024, Assam's top forest official M K Yadava was served a notice by the regional office for alleged violation of the 2023 Adhiniyam. Action against Yadava is still pending.
