The Ministry of Environment, Forest and Climate Change (MoEFCC) has recently granted final forest approvals for two Assam Police commando battalion camps. These camps were constructed on forest land in violation of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980. The approvals were issued on February 20, 2025, for camps located in Hailakandi and Sivasagar districts.
Background of the Issue
The camps were built on 11.5 hectares and 26 hectares of forest land, respectively. Their construction raised environmental concerns. The forest advisory committee (FAC) of the MoEFCC had previously recommended in-principle approval for these camps, contingent on specific conditions being met.
Penal Net Present Value
A crucial requirement was the payment of five times the penal net present value for the land used. The Assam Police Housing Corporation Limited complied and paid a cumulative amount of Rs 20.99 crore to the state’s compensatory afforestation fund in January 2025. This payment is essential for offsetting the environmental impact of the land diversion.
Legal Proceedings
The final approvals are subject to ongoing legal proceedings in the National Green Tribunal (NGT). The NGT is reviewing cases related to the construction of these camps. The principal bench is examining the Hailakandi camp, while the eastern zone bench is addressing issues concerning the Sivasagar camp, brought to light by environmental activist Rohit Choudhury.
Investigation Findings
The MoEFCC conducted an investigation into the camps. The regional office in Shillong confirmed that the camps were built without the necessary approvals. Notices were issued to Assam’s chief forest official, M K Yadava, for permitting these constructions.
Conditions of Approval
The final approval includes specific conditions. The Centre mandated that no future expansion of the camps is permitted. Additionally, proceedings will be pursued under Sections 3A and 3B of the Van Sanrakshan Evam Samvardhan Adhiniyam, 1980. This ensures that the legal framework regarding forest conservation is upheld.
Environmental Impact
The construction of these camps raises concerns about deforestation and biodiversity loss. The approval process marks the tension between development needs and environmental conservation. It also illustrates the importance of adhering to established laws concerning forest land use.
Future Implications
The case sets a precedent for how similar situations may be handled in the future. It puts stress on the role of legal institutions like the NGT in safeguarding environmental interests. This situation may influence policies regarding land use and forest conservation across India.
Questions for UPSC:
- Critically discuss the implications of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 on forest conservation in India.
- Examine the role of the National Green Tribunal in environmental protection and its effectiveness in enforcing laws.
- Estimate the impact of deforestation on local biodiversity and climate change in India.
- Point out the challenges faced by law enforcement in balancing development and environmental conservation in India.
Answer Hints:
1. Critically discuss the implications of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 on forest conservation in India.
- Establishes legal framework for forest conservation and management in India.
- Prohibits conversion of forest land for non-forestry purposes without prior approval.
- Mandates compensatory afforestation and payment of net present value for diverted land.
- Facilitates community involvement in forest protection and sustainable use.
- Strengthens penalties for violations, enhancing accountability among authorities.
2. Examine the role of the National Green Tribunal in environmental protection and its effectiveness in enforcing laws.
- Acts as a specialized forum for resolving environmental disputes expeditiously.
- Empowers citizens and NGOs to file complaints regarding environmental violations.
- Issues orders and directives to ensure compliance with environmental laws.
- Monitors ongoing cases to ensure adherence to legal frameworks like the Van Adhiniyam.
- Facilitates public awareness and education on environmental issues and rights.
3. Estimate the impact of deforestation on local biodiversity and climate change in India.
- Leads to habitat loss, threatening species extinction and reducing biodiversity.
- Disrupts ecosystem services such as water purification and soil fertility.
- Contributes to increased carbon emissions, exacerbating climate change effects.
- Alters local weather patterns, affecting agriculture and livelihoods.
- Increases vulnerability to natural disasters like floods and landslides.
4. Point out the challenges faced by law enforcement in balancing development and environmental conservation in India.
- Conflicting interests between economic development and environmental protection.
- Lack of adequate resources and training for enforcement agencies.
- Corruption and political pressure undermining environmental regulations.
- Public apathy and lack of awareness about environmental laws and rights.
- Insufficient coordination among various governmental and non-governmental bodies.
