Multiple threats to several protected forests in Assam; many cases pending in NGT

Cairn Oil and Gas, the subsidiary of the Vedanta group, was given the go-ahead by the Union environment ministry’s forest advisory committee in September for proposed oil exploration in the eco-sensitive zone surrounding the sanctuary. But the NBWL committee chaired by Union environment minister Bhupender Yadav deferred the proposal till a team carries out a visit to the site.

Hoolock gibbons are endangered and only around 120 members of the shy, arboreal creatures are found in the Assam sanctuary. While the Assam government had okayed the project citing national interest, there has been opposition from animal activists and nature lovers on the move.

This is one of the several instances of how development projects and encroachment are threatening several protected forests in the northeastern state. At present multiple litigations of such transgressions are pending in the National Green Tribunal (NGT), which deals with cases related to the conservation of forests and other natural resources.

“Numbers remain mostly on paper when it comes to reserve forests and protected areas in Assam, and for the sake of optics. The quality of enforcement of conservation laws is poor and the sanctity of protected areas is not being honoured. Even the directions of the judiciary in this regard are being given a go-by,” said environment activist Rohit Choudhury.

On October 4, NGT directed a committee comprising senior central and Assam government officials to submit a report on industries getting set up in and within the vicinity of the Pobitora Wildlife Sanctuary (PWS) in the northeastern state which is a key habitat of the endangered one-horned rhino.

Taking umbrage at the committee for not filing any report despite earlier directions, the principal bench of NGT in New Delhi directed officials from the Union ministry of environment, forest and climate change (MOEFCC), the central and Assam pollution control boards and the state forest department to submit the report before November 5, the next date of hearing.

The joint committee constituted in August this year comprised a secretary from the MOEFCC, a member secretary of the Assam State Pollution Control Board, a representative of the Central Pollution Control Board and the principal chief conservator of forest (wildlife) Assam. The Central Pollution Control Board was made the nodal agency for the committee for coordination and compliance.

“However, no report has been submitted. In the circumstances, we direct the joint committee to submit a report within one month, failing which, all the members of the joint committee shall appear before the tribunal,” stated the order by member, justice Sudhir Agarwal and expert member Afroz Ahmad on October 4.

The present case deals with a complaint filed by several persons in October 2023 alleging that an industrialist had created an industrial zone amidst two blocks of the PWS and was trying to set up a brick kiln using coal as fuel. It was alleged that attempts are also being made to set up cement factories and stone quarries in the area.

Last month, based on an application filed by a resident of Jaipur, the Kolkata bench of NGT ordered a stay on the construction of an illegal road leading to Bhuban Hill inside the Barak Bhuban Wildlife Sanctuary in Cachar district.

Stating that the road in question was constructed without the required permission from the central government, the applicant in an interlocutory application had sought a stay on illegal constructions inside the wildlife sanctuary and set up a committee to assess the extent of illegal diversion of forest land inside the sanctuary.

In its order, the NGT bench issued notices to all respondents—Assam government, Assam forest department, special chief secretary (forests) MK Yadava, Union ministry of environment, forest and climate change and deputy commissioner of Cachar, asking them to file counter-affidavits within four weeks. The next date of the hearing is December 6.

In August, NGT registered a suo moto case in connection with the proposed construction of luxury hotels in and around the Kaziranga National Park and Tiger Reserve, which is the world's largest habitat for the endangered one-horned rhinos

The move comes just two days after the Assam government signed a memorandum of understanding with the Tata Group on Saturday to set up a five-star hotel in Hathikuli tea garden near Kaziranga at a cost of ₹120 crore.

The projects are opposed by residents, farmers and rights groups who worry that the hotels would lead to displacement of people and harm the flora and fauna in and around the national park.

The NGT in August pulled up the seniormost forest official in Assam over the issue of construction of a commando battalion unit near the Assam-Mizoram border by diverting 44 hectares of forest land.

In an order issued on August 2, NGT chairperson Prakash Shrivastava and members Arun Kumar Tyagi and A Senthil Vel disapproved an affidavit filed by PCCF and head of Assam Forest Force, Raj Pal Singh, in connection with the diversion of land inside the Damcherra Inner Line Reserve Forest (DILRF) for non-forestry purposes.

“We are prima facie of the view that the stand taken by the PCCF in the affidavit appears to be not in consonance with the stand of the Assam state government,” the NGT order read.

The tribunal was commenting on a suo moto application lodged this year to examine the legality of the diversion of protected forest land and whether the same was done in violation of the Forest (Conservation) Act 1980 “and the requisite norms and procedure”.

On April 23, NGT observed that the construction was done in violation of norms. During proceedings of the case on the same day, the advocate general for Assam, Debajit Saikia, had submitted that the construction activity had stopped and an application seeking permission was pending with the MOEFCC.

But in an affidavit filed by subsequently, Assam PCCF Raj Pal Singh stated the stand of the Assam government was that the construction of the commando battalion is covered by the provisions of 2(b) of the Forest (Conservation) Act under “like purposes” as the purpose of building the battalion was to protect the forest.

The NGT has fixed November 6 as the next date of hearing in the case.

A similar case pertains to the Assam-Nagaland border where construction of a second commando battalion in the Geleky Reserve Forest was allowed by the state government.

In an affidavit filed before the NGT in October, the union environment ministry admitted that the construction carried out on 28 hectares of the forest violated provisions of the Forest (Conservation) Act 1980 and it was done without clearance from the central government.

Incidentally, in three of the cases pending before NGT, the name of MK Yadava, who was earlier principal chief conservator of forests (PCCP) and now posted as the special chief secretary (forest), has cropped up for his role in the transgressions.

They are the construction of a road in the Barak Bhuban Wildlife Sanctuary, the construction of commando battalions inside the protected forest in Barak Valley by diverting 44 hectares of forest land and in the Geleky Reserve Forest on the Assam-Nagaland border by diverting 28 hectares of forest land.

“A person, who himself is accused in multiple illegal diversions of forest land, and whose re-appointment after retirement was made in utter violation of all applicable laws, is made in charge of Forest (Conservation) Act matters in Assam. That sends a damning signal,” said Choudhury.

One of the biggest instances of transgression inside a protected forest took place in the Sonitpur district where several schools, a 5 km-long road, a sluice gate on a river, a tea garden, wells and even polling stations came up inside a wildlife sanctuary and a nearby forest reserve.

The nature of the loss of forest cover and illegal constructions carried out were listed in an affidavit filed by the state government in the NGT in May.

The present case relates to an application filed by Dilip Nath with NGT last year alleging violations of the Forest (Conservation) Act at Sonai Rupai Wildlife Sanctuary (SRWS) in the Sonitpur district of Assam where large-scale construction activities have been done by the government and illegal encroachments by others.

In an affidavit filed in April in connection with the case, the Assam government had stated that several schools were “functioning and indulging in non-forest activities” inside SRWS and Charduar Reserve Forest (CRF). It mentioned that an FIR against the management committees of these schools has been registered by the local forest authorities.

The affidavit added that the state irrigation department was constructing a sluice gate on the Siloni River inside CRF in violation of rules. An individual even started a tea garden inside the same reserve forest, the affidavit added.

It mentioned that a contractor had constructed a 5-km-long road inside SRWS in violation of the Wildlife (Protection) Act and Forest (Conservation) Act and an FIR has been registered against him.

The affidavit stated that several polling stations under Dhekhijuli, Sootea and Rangapara assembly seats were also set up inside the SRWS and the state public health engineering (PHE) department had installed ring wells in the same wildlife sanctuary.

In its order, the NGT noted that while the affidavit carried details of illegal activities inside the wildlife sanctuary and forest reserves, there was no mention of actions taken to remove encroachments and constructions in order to restore the forest.

“Whether it has been dismantled and forest restored has not been stated for reasons best known to the joint secretary, who has filed the affidavit,” the order read.

In July, the MOEFCC informed the NGT that the Assam government had not submitted any proposal for non-forest activity inside a wildlife sanctuary in the state.

"Prior approval of the central government under Section 2 (1) (ii) of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 is required for carrying out any non-forestry activity on forest land. That as per sub-office Guwahati of regional office Shillong, no proposal seeking forest clearance with respect to the instant matter is available with them," the counter affidavit submitted on July 30 mentioned.

In its affidavit filed in July, the Assam government stated that 68 schools with around 3000 students were operating inside SRWS and the neighbouring Charduar reserve forest.

Assam’s principal chief conservator of forest (PCCF), had stated that nearly 300,000 people had encroached on large parts of the three protected forests, made houses and are cultivating a variety of crops from betel nuts to tea. It mentioned that around 50,241 hectares of the total forest land of 73,525 hectares had been encroached.

Following this, NGT directed the union ministry to mention its stand “in such a case of large-scale encroachment which has been permitted over the years and decades”. The tribunal asked what action the ministry has taken in this regard.

It also directed the Assam government to file a fresh affidavit in connection with the issue as an earlier one filed by it was stated to be defective. The next hearing in the case will take place on November 7.

Located on the foothills of the Himalayas near Assam’s border with Arunachal Pradesh, SRWS covers an area of 220 sq km and is home to a variety of mammals, birds and reptiles including tigers, elephants, hornbills, pelicans and pythons. The CRF is located close to it.

“The failure to track encroachment in forest lands perhaps lies with failure to fix responsibilities of untimely action on the part of the forest officials of that area and the district administration. Support from political leadership to keep the sanctity of forest is very much desired, says Bibhab Talukdar, CEO of Aaranyak, one of the biggest wildlife NGOs in the Northeast.

He added that there should be a monthly review from now on in each district, which may be chaired by the chief minister himself to find out any new recent encroachment issues in the forest and wildlife areas of Assam to initiate timely steps.

Senior forest officials refused to comment on the violations and litigations stating they are sub judice and the state government has filed affidavits in each case detailing the issues.

“It won’t be proper to comment on pending cases. There have been encroachments and development activities in several protected areas over past decades and it's not a recent phenomenon. Lack of adequate manpower and logistics sometimes hurt protection measures. But initiatives are being taken to ensure that this doesn’t continue, and responsibility fixed for deliberate violations, if any,” said a senior official on condition of anonymity.