The National Green Tribunal (NGT) said in its order that there is no need for any challenge and consultation without any challenge for the Center’s Post Facto One Approval at the Camp, settling a Suo Motu case about the construction of a Assam Commando Battalion Camp in the National Green Tribunal (NGT).
The tribunal also recorded the undertaking of the Government of Assam that it would destroy all constructions beyond 20,000 sqm (which requires pre -environmental withdrawal), and said, “In the above circumstances, we are not necessary to have any intervention in this OA (original application).
“… We are at this level that further consultation on the issue without any challenge for the said order at this level is not required. Withdrawal under Section 2 of FC (Forest Protection) Act, 1980, now exists in favor of Assam Police Housing Corporation Limited,” NGT noted in the order issued on 30 May.
Earlier, the Assam government presented its state environmental impact evaluation authority (SEIA) that the camp did not require environmental withdrawal as its limit was less than 20,000 square meters. SEIAA considered that the project came under the purview of an “educational institution”.
The Assam government and SEIA had rely on the notification of an environment ministry, which was exempted from the former green node for buildings and constructions with an underlying area such as 1,50,000 sqm, such as warehouses, industrial sheds and colleges. It was stopped by the Supreme Court in February this year.
Keeping in mind the order of the apex court, the NGT said, “… Regarding Seya, Assam, see that the project is exempted as an educational institution, which needs to be re -examined by SEIAA, Assam in minutes of the meeting of 22.04.2025.”
Based on a news report, NGT Chairperson Justice Prakash Srivastava, Judicial Member Sudhir Aggarwal, and expert member A. Santhil Well took cognizance of the construction of the battalion camp by removing 44 hectares of forest land of 44 hectares of forest land. It reserved its order in April.
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One of the major issues considered by the tribunal was that “the approval of the Central Government under Section 2 of the FC Act, 1980 was required for the construction of forest land and the construction of the camp … and if such permission has been obtained?” The order said.
The NGT order mentioned that construction clearly fell within the meaning of “non-one” activity and was not in dispute that the land in the question is forest land.
It was noted that the Assam government sought approval of the Center under the FC Act for the non-use of 11.5 hectares of forest land for the camp and a post facto approval was provided in February.
However, before contacting the Center of the Government of Assam, the Environment Ministry informed the NGT that the construction van was in violation of Sanrakshan Ivam Samvardhan Adiniam, 2023, (East was known as the Forest Protection Act, 1980). It said that construction had started without prior approval.
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Later, it asked the Assam government to stop construction and directed its regional office in Shillong to initiate action according to the law. In May 2024, Assam’s top forest officer MK Yadav was given a notice by the Regional Office for the alleged violation of 2023 Adytiam. Action against Yadav is still pending.
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