Order of the National Green Tribunal (Eastern Zone Bench, Kolkata) in the matter of Dilip Nath Vs Principal Chief Conservation of Forest (PCCF), Assam & Others dated 02/05/2024.

The affidavit of the Joint Secretary, Assam, Environment and Forest Department, April 8, 2024 stated that inside the Charduar reserve forest and Sonai Rupai wildlife sanctuary there are schools functioning and indulging in non-forest activities inside the reserve forest area in violation of the Forest (Conservation) Act, 1980. It was stated that action has been taken by the Dhekiajuli range officer by lodging FIR against the managing committee of the schools inside the Charduar reserve forest for violation of the provisions of the Forest (Conservation) Act, 1980.

The court was also informed that the irrigation department is constructing a sluice gate at Siloni river  in violation of the Forest (Conservation) Act, 1980 within Charduar Reserve Forest and letter has been issued to the Executive Engineer, Udalguri Mazbat Irrigation Division, Udalguri regarding illegal construction work being carried out within Charduar reserve forest without permission of the Competent Authority in violation of the Forest (Conservation) Act, 1980. Further, a tea  garden has been setup by one Jay Ram Rabha within Charduar Reserve Forest without any permission from the Competent Authority in violation of the Forest (Conservation) Act, 1980.

The court observed that whether illegal structures has been dismantled and forest restored has not been stated in the affidavit filed by the Joint Secretary.

The NGT directed the Chief Secretary, Assam to file a "personal affidavit" within four weeks fixing responsibility with regard to the unauthorized constructions/encroachments made within the Charduar Reserve Forest and Sonai Rupai Wildlife Sanctuary. The Chief Secretary shall also identify the officer/officers who permitted such extensive constructions within the Reserve Forest in gross violation of the Forest (Conservation) Act, 1980. The affidavit should also explain the inaction of the Principal Chief Conservator of Forest "under whose very nose such illegal activities were allowed to go on since 2017".

The court also directed the Ministry of Environment, Forests and Climate Change to file counter affidavit within four weeks stating what action has been taken against the officers who has authorized constructions within the Sonai Rupai Wildlife Sanctuary and Charduar Reserve Forest as emerging from the counter-affidavit of the Joint Secretary, Assam and what action has been taken for removing the encroachments and illegal structures and constructions.