Will raze a part of illegal battalion: Assam govt to NGT

The Assam Police Housing Corporation Limited, in an affidavit filed last week to the National Green Tribunal, apologised for illegally clearing forest land to house a police battalion in Innerline Reserved Forest under Hailakandi Division, and also offered to demolish part of the facility so as to make the project eligible for prior environmental clearance.

This undertaking was given by the Assam government after it came to light that they had gone ahead with the construction of the battalion, involving diversion of 11.5 ha of forest land, not only without prior forest clearance but also prior environmental clearance.

In February, the Supreme Court temporarily halted the process of granting ex-post facto or retrospective environment clearance by which mining projects with admitted environmental violations were getting the green nod for operations in violation of the environment impact assessment (EIA) notification of 2006 that mandates prior environmental clearance before starting any project. A bench of justices BR Gavai and Sandeep Mehta stayed two orders issued by the Ministry of Environment Forests and Climate Change (MoEFCC) in this regard on July 7, 2021 and January 28, 2022 on a petition filed by NGO Vanashakti.

In its affidavit, the state proposed to dismantle part of the facility. The NGT bench headed by NGT chairperson, Prakash Shrivastava, weighed in on the importance of prior environmental clearance and the concerns posed post facto clearances during the hearing of its suo moto case based on a news article titled: “Assam PCCF MK Yadava accused of illegally clearing protected forest for Commando Battalion.”

HT reported on April 10 last year that the Union environment ministry took notice of the illegal diversion of forests in 2023 at Hailakandi (Assam-Mizoram border) and directed the state government, in March this year, to immediately halt construction. HT also reported on April 25 that former Assam principal chief conservator of forests (PCCF), MK Yadava, who made news for approving the construction of a commando battalion unit on the Assam-Mizoram border through the diversion of around 44 ha of forests in 2023, a decision criticised by the Union environment ministry, also approved at least one more project of this nature, documents seen by HT showed.

The state submitted that they have already been granted final (Stage-II) post facto forest clearance by the Centre. The proponent has also received the Terms of Reference (ToR) for environmental clearance through PARIVESH 2.0 portal, they added.

The State Level Expert Appraisal Committee (SEAC), Assam referring to a 2022 OM of environment ministry, found that the project fits categorically as ‘Educational institute’ and hence is exempted from prior environmental clearance.

“They have considered the additional area of 8,233 Sq. mtr, comprising of non-residential buildings, under the ambit of educational institution and opined that no EC is required for that part too,” the state submitted but NGT noted that SEAC can only make recommendations. Its observation is not final. The Assam government also acknowledged that a police battalion is not an educational institution.

Following the Supreme Court’s order of February 24 in Vanashakti Vs Union of India, the Assam government offered to dismantle the excess construction. Thereafter on April 15, the Union environment ministry issued an Official Memorandum (OM) stating that the Supreme Court had stayed the operation and implementation of OMs allowing ex post facto clearances.

“Under such circumstances, the answering deponent, on behalf of the state of Assam, solemnly undertakes that the state government is ready to dismantle all the constructions beyond 20,000sq. mtr and shall not undertake any further construction beyond the said limit, for which no EC is required ...,” Assam Police Housing Corporation submitted.

The NGT bench observed that prior EC is considered from scoping stage of the project, not post-facto. “If at the scoping stage the area is more than 20,000 sqmtrs, then prior EC is required.”

“Violation is a violation even if they demolish, then sanction plan (based on the project conceived) also needs to change...”observed the bench.

The bench also had questions for the Union environment ministry: “Can you tone down the word prior approval? How will you enforce the Enviroment Protection Act without prior approval?”

NGT also sought details of what action had been taken against the official retired IFS officer and special chief secretary (forests), MK Yadava who approved the construction of the police battalion without prior environmentl and forest clearance. The Union ministry told the bench that Yadava’s response to show cause notice will be examined, after which action would be taken.

And on being pressed by the bench, the Assam government admitted that the construction was a violation of the law and offered an unconditional apology.

NGT has reserved its order on the matter.