The Regional Office of the Union Environment Ministry in Shillong has directed the Assam Forest Department to show official documents to authorize two commando battalion camps on forest land in “gross violation” of law to take legal action against Special Secretary (Forest) MK Yadav.
The construction of the camps has been under a cloud since the beginning of 2024 and faced investigation from the Major Bench of the National Green Tribunal and the Eastern Zone Bench (Kolkata) along with the Ministry of Environment.
The ministry’s order, dated 29 May, even its Forest Advisory Committee said the commando camps earlier this year as former post facto clearance, after implementing the punishment.
Yadav had authorized the Assam Police Commando Battalion Camps in Galaki Forest, Shivasagar district and Damachera, Halakandi district of more than 26 hectares and more than 11 hectares respectively. The Ministry sent two different directions to the Assam government about the violations in two camps.
The ministry’s order for action against Yadav was received by Assam-based activist Rohit Chaudhary under the right to the Information Act.
The apex Indian Forest Service Officer was given a showcase notice in May 2024, when he was convicted of violating the van (Sanrakshan Evam Samvardhan) Adhidaum 2023.
In October 2024, Yadav defended his decision to give Go-forward in his capacity to Go-Foreword in his capacity as the head of Forest (HOFF) in Assam.
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The Ministry considered this explanation legally unstable. “The government of Shri MK Yadwa, the then PCCF and Half, Assam had no right to allow to clean the forest land for non-forest activity without the prior permission of the Central Government … van (Sanrakhan Ivam Samvardhan) in Adhikar and rules, guidelines, guidelines and notices.
The ministry said that this van (Sanrakshan Evam Samvardhan) is for the “gross violation” of Adhiam, and said that it was also against the legal principles prepared by courts and tribunals.
Yadav’s presentations for the 2024 showcase notice, the ministry said, it failed to prove that the van was not responsible for proceeding and punished as per the provisions of Adhimanim and his rules.
Thus the order of the Ministry authorized the Divisional Forest Officer within 45 days to “take legal action against the culprit and submit a report taken.
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Under Rule 15 (2) of Rule 2023 of the van (Sanrakshan Evam Samvardhan), the state forest department will have to communicate about crimes and violations to file a complaint against the criminals before the court.
Although he retired on 29 February 2024, Yadav was given an expansion of a term by March 2025 and one, even his decisions were under investigation.
Yadav did not respond to the call and query sent by Indian Express. Sandeep Kumar, PCCF and Half, Assam, did not respond to the questions seeking comments on the order of the ministry.
“We have taken action as per the provisions under the law,” Dr Lee Ete, Deputy Inspector General of Jungle, who sent instructions to the Assam government in May, has taken action as per the provisions. We are waiting for an action taken from the state government. “
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In April 2024, even the Union Environment Ministry had already directed the Assam government to discontinue work at the Damachera camp, Chief Minister Himanta Biswa Sarma demanded its regularization.
Sarma wrote to Union Environment Minister Bhupendra Yadav, requesting that the Ministry of Environment gives the camp “Post Facto”, which was eventually given. Sarma, citing national security and forest encroachment, demanded to justify camps on forest land.
Ministry Investigation and NGT Investigation
In December 2023, the major bench of the NGT raised the matter about the commando camp in Damachera on the basis of media reports. As a result, the Ministry of Environment sought a detailed factual report from its regional office in Shillong. Meanwhile, Assam-based activist Rohit Chaudhary filed an application before the Kolkata bench of NGT at the second camp in Galaki One.
A site inspection of the Damachera camp revealed that the Assam Forest Department had constructed officers, garages, ration and clothing shops and residential buildings for a small hospital in the area of 11.5 hectares. The site inspection report stated that the work was in violation of criteria, and based on the report, the Ministry of Environment directed the Government of Assam to stop the work.
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Using the inspection report, the Shilling Regional Office gave a notice to Yadav. A similar site inspection report at the Galaki camp was presented by the Shillong Office to the NGT and the Ministry of Environment and the camp was found in violation of the law.
While the major bench of the NGT settled the Damachera case after the Center approved the Center, the Geleki case is pending before the Kolkata Bench.
Battalion (T) Forest Officer (T) legal action against Indian Express