In Barak Valley, Assam, a significant legal battle has emerged concerning the diversion of 44 hectares of protected forest land for the construction of a Commando Battalion headquarters. This matter was brought to light through a suo-moto registration, questioning the adherence to mandatory procedures under the Forest (Conservation) Act, 1980, for establishing the 2nd Assam Command Battalion Unit headquarters within the Inner Line of Reserved Forest in Hailakandi district.
The State of Assam contends that the construction activity constitutes a non-forest activity. However, the National Green Tribunal (NGT) in previous proceedings noted the absence of requisite information from the concerned authorities of the State, despite communication from the Ministry of Environment, Forest and Climate Change (MoEF&CC). The State's stance, as conveyed by the Advocate General, is that the requested information had been previously sent but would be provided again.
In response, the counsel for MoEF&CC has acknowledged receiving necessary information from the State and assured the Tribunal that an affidavit clarifying MoEF&CC's position will be submitted within two weeks.
Simultaneously, an interim application (I.A. No. 124/2024) has been lodged by a local resident, alleging illicit construction activities on forest land by State authorities. Consequently, the Tribunal has instructed the applicant's counsel to furnish a copy of the application to the legal representative of the State of Assam.
The central issue revolves around whether construction can proceed while the original application is under review. Despite the State's failure to verify the status of construction activity, the applicant's counsel has presented photographic evidence suggesting ongoing large-scale concrete construction.
Responding to these developments, the Tribunal has issued a stern warning, cautioning that any unauthorized construction carried out by State authorities on forest land during the proceedings will incur their own risk and expenses.
The situation remains tense as legal battles escalate concerning the contentious construction on protected forest land, raising significant concerns regarding environmental conservation and compliance with regulatory protocols.
Read the NGT order below
