Breach of Environment Act in Bru Resettlement? Green Tribunal issues notices

The National Green Tribunal's Eastern Zone Bench issued notices seeking a clarification from the Ministry of Environment, Forest and Climate Change, Principal Secretary of Forest Department Tripura and District Magistrate of North Tripura regarding the deforestation being carried out to resettle the displaced Brus.

Agartala (Tripura): The decades-old Bru imbroglio seems to have once again embroiled in a legal dispute as National Green Tribunal's Eastern Zone Bench issued notices seeking clarification from the Ministry of Environment, Forest and Climate Change, Principal Secretary of Forest Department Tripura and District Magistrate of North Tripura regarding the deforestation being carried out to resettle the displaced Brus. According to the plaintiff Dhanishwar Debnath, 250 hectares of green forest was being destroyed for the construction of huts and other basic facilities for Brus, which is a violation of the Environment Protection Act.

"The grievance of the applicant in the present original application is that under quadripartite agreement dated, 16.01.2020 entered into among the Central Government, the State Government of Tripura, the State Government of Mizoram and the representative of the 'Bru' Community, residing at the refugee camp at Tripura, it was decided to resettle the 'Bru' community within the State of Tripura. It is stated that the 'Bru' community originally belongs to Mizoram and have been displaced from there due to internecine troubles with the local Mizos. The contention of the applicant is that for resettlement of about 40,000 'Bru' community members who have fled into Tripura, the Government has invited e-tenders dated, 11.2020 (Annexure-I) for making certain constructions within a forested area. The further grievance of the applicant is that this area wherein the applicant and others reside is under green cover and is a good forest area comprising of more than 250 hectares and it is this forest area over which the construction is sought to be made to resettle the 'Bru' community in violation of Section 2 of the Forest Conservation Act, 1980", the order copy read.

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Seeking clarification from the District Magistrate of North Tripura and Principal Secretary of Forest Department the Coram Justice Amit Sthalekar (judicial member) and Saibal Sengupta (expert member) said, "In our opinion, the matter requires consideration. At this stage, we issue notice only to respondent No.4, Principal Secretary of Forest Department, and respondent No.6, District Magistrate and Collector of North Tripura. We permit the applicant to implead the Principal Chief Conservator of Forest (PCCF) and Head of Forest Force, Forest Department of Tripura in the array of respondents as respondent No. 8 within 24 hours. We also issue notice to the newly added respondent No.8. Mr Gora Chand Roy Choudhury, Ld. Counsel is present, we direct him to take notice on behalf of respondent No. 1, Ministry of Environment, Forest and Climate Change. We direct that the concerned respondents shall file their counter-affidavits by the next date of listing".

The order copy also mentioned that an on record reply of the government of Tripura issued by SDFO Kanchanpur would be also submitted with the Court as a supplementary affidavit. "The Ld. Counsel for the Applicant further submits that he will be filing a supplementary affidavit bringing on record the reply of the Govt. of Tripura dated 24.12.2020 issued by Sub Divisional Forest Officer, Kanchanpur, Forest Sub Division, North Tripura. The applicant may file the said affidavit after serving an e-copy/soft copy of the same on the respondents. The applicant shall also serve e-copy/soft copy of the Original Application along with all the annexures on Mr Gora Chan Roy Choudhury and all the respondents within 48 hours".

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