Centre Orders Legal Action Against Top Assam Official In Forest Land Diversion Cases

Guwahati: The Ministry of Environment, Forest and Climate Change (MoEF&CC) has directed Assam’s Principal Chief Conservator of Forests (PCCF) to initiate legal proceedings against Special Chief Secretary MK Yadava for unauthorized diversion of 11.5 hectares of forest land in the Damcherra Innerline Reserve Forest in Hailakandi district of Barak Valley.

Yadava, who was then serving as PCCF and Head of Forest Force (HoFF), had approved the use of the forest land by the Assam Police Housing Corporation Ltd. for the construction of a 2nd Commando Battalion Camp — without prior clearance from the Central government, a clear violation of the Forest (Conservation) Act.

In a strongly worded letter dated June 29, 2025, the DIG of Forests (Central) noted that Yadava’s actions breached multiple provisions of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 and its 2023 rules. The letter cited that construction was in “full swing,” involving about 500 workers, and included large, permanent concrete structures with a plinth area of nearly 30,000 square meters — none of which fall under the exempted forestry activities allowed without central approval.

The ministry explicitly stated that the project did not meet the criteria of ancillary forest conservation work, such as the building of fire lines, check-posts, or guard huts, which do not require prior permission. It stressed that any significant infrastructure, including residential or large-scale buildings, requires central clearance — which Yadava failed to obtain.

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“The justification provided by Yadava in response to the show cause notice is legally untenable,” the letter said. “He had no authority to approve the diversion for non-forest use under Rule 11.8 without prior permission from the Central government.”

The MoEF&CC concluded that Yadava’s actions amounted to a gross violation of forest conservation laws and court guidelines, and instructed the Divisional Forest Officer (DFO) to take legal action and submit an action taken report within 45 days, as per Rule 15(2) of the 2023 Rules.

It further instructed the Assam Forest Department to file monthly updates with the Shillong Regional Office, citing the seriousness of the violation and related litigation pending before the National Green Tribunal.

However, the matter is entangled in a clear conflict of interest. While the Centre has ordered the PCCF to act, any legal proceedings against Yadava require state government approval. The complication? Yadava, now serving as Special Chief Secretary, holds the very authority to grant that permission — effectively making him judge over action against himself.

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As scrutiny mounts and environmental watchdogs monitor the situation closely, the case has laid bare the systemic gaps in enforcing accountability when high-ranking officials are involved in environmental violations