Staff Reporter
Guwahati: The Eastern Zone Bench of the National Green Tribunal (NGT) at Kolkata pulled up the Ministry of Environment, Forests, and Climate Change (MoEF&CC) and the Chief Secretary to the Government of Assam for not filing their affidavits with regard to the issues involving encroachment in the Charduar Reserve Forest, Balipara Reserve Forest (RF), and Sonai Rupai Wildlife Sanctuary in Assam.
The NGT Coram, comprising Justice B. Amit Sthalekar as Judicial Member and Dr. Arun Kumar Verma as Expert Member, made the observation while conducting a hearing into an Original Application (No.168/2023/EZ) filed by Dilip Nath regarding encroachments in Sonai Rupai Wildlife Sanctuary and the nearby Charduar Reserve Forest.
The Tribunal pointed out that, in spite of its order dated August 21, 2024, the MoEF&CC has not been able to file its affidavit with regard to the issues involved in the present case, particularly with regard to the Charduar Reserve Forest, Balipara Reserve Forest, and Sonai Rupai Wildlife Sanctuary. Terming this as ‘most unfortunate,’ it was observed that the affidavit filed by the MoEF&CC dated November 4, 2024, is absolutely silent on these issues, and the two letters of the Ministry filed therewith are also general letters issued to all states and Union Territories, requiring them to maintain vigilance with regard to encroachment of forest land.
The Tribunal, therefore, directed the MoEF&CC to file a para-wise reply to the allegations made in the Original Application taking into consideration the affidavit of the Chief Secretary (CS), Government of Assam, by the next date of listing.
It was also observed that the Assam CS, in his affidavit dated August 20, 2024, has not stated in clear terms as to what is being done with regard to the Scheduled Caste, Scheduled Tribe, Other Backward Class population, and others who may have encroached into the forest in question and the steps being taken by the state government in their regard.
Moreover, in the affidavit of the Principal Chief Conservator of Forest (PCCF) of Assam dated July 15, 2024, it is stated that the Forest Department has been directed to prepare a comprehensive resettlement and rehabilitation plan for the encroachment in the Nameri National Park–Sonai Rupai Wildlife Sanctuary landscape. The department was required to submit a draft plan within three months, i.e., by the last week of September 2024. The affidavit of the Assam CS dated August 20, 2024, filed thereafter, does not disclose what has happened with regard to the said draft plan; it was further observed.
In para 11 of the affidavit dated July 15, 2024, it is stated that the Divisional Forest Officer, Sonitpur West Division, and the Divisional Forest Officer, Western Assam Wildlife Division, have been asked to conduct a comprehensive survey on encroachment in coordination with the DC Sonitpur before submitting the draft plan. The affidavit of the CS of Assam dated August 20, 2024, is silent with regard to the action taken in this regard, the Tribunal also stated.
Again, in para 11 of the affidavit dated July 15, 2024, it is stated that over the period of 20 years about 3,00,000 people have encroached on the forest land and constructed permanent houses, occupying large areas of forest, and 23,028 claims have been filed under the Forest Rights Act (FRA), 2006, in Charduar Reserve Forest, Balipara Reserve Forest, and Sonai Rupai Wildlife Sanctuary. The progress made in these cases has not been disclosed in the affidavit of the CS of Assam dated August 20, 2024, it was pointed out by the Tribunal.
The Tribunal, therefore, directed the CS to the Government of Assam to file a comprehensive affidavit by the next date of listing on April 8, 2025, without withholding any material from the Tribunal.
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