NGT issues notice to Centre, others on alleged diversion of protected forest land in Nicobar

New Delhi: The National Green Tribunal (NGT) has sought a response from the Centre and others in a matter regarding the alleged diversion and allotment of protected forest land for non-forestry purposes in Nicobar district.

The tribunal also stayed police action against a forest officer who had reportedly flagged such allotment.

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The Kolkata Eastern Zonal Bench of the NGT, comprising judicial member Justice Arun Kumar Tyagi and expert member Ishwar Singh, was hearing a plea alleging "continued allotment, diversion and utilisation of land notified as 'Protected Forest' in the Nicobar District for non-forestry purposes" without obtaining the prior approval of the Centre.

Such diversion, the plea filed by advocate Gaurav Bansal on behalf of the petitioner Naresh Chaudhary said, violated various notifications and rules, including the Forest (Conservation) Act of 1980, now known as the Van (Sanrakshan Evam Samvardhan) Adhiniyam, and Andaman & Nicobar Islands Protected Forest Rules, 1986.

According to the plea, the "inconsistencies" regarding diversion of forest land for non-forest activities without requisite prior approval of the central government were first reflected in the letter dated June 10, 2025, written by the Divisional Forest Officer (DFO), Nicobar division to the Executive Engineer, Andaman Public Works Department, Kamorta, regarding the proposed construction of rainfed ponds under the Mission Amrit Sarovar Scheme at various locations in the Nicobar district.

It claimed that the Union Ministry of Environment, Forest and Climate Change (MoEFCC) later asked the Andaman and Nicobar Administration to furnish the relevant background, circumstances, purpose and supporting documents to enable it to examine the matter comprehensively and take further action.

The plea, however, alleged that when the issue came up before the Andaman and Nicobar Land Allotment Committee (ANLAC) in its meetings held on December 17, 2025 and January 27 this year, the committee recommended allotment without agreeing to the requirement of prior approval of the Centre as mandated under the Forest (Conservation) Act.

Besides, the plea claimed that Nicobar district’s Deputy Commissioner (DC) had written a letter dated January 29, 2026, to the Superintendent of Police (SP) “requesting him to examine the conduct of the DFO, Nicobar and to take necessary action against him.”

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In an order dated July 29, the tribunal said "prima facie" the averments raise “substantial questions relating to the environment” arising out of the relevant rules regarding the “requirement of the prior approval of the Central Government for allotment, diversion and utilisation of land notified as ‘Protected Forest’ in the Nicobar district for non-forestry purposes.”

It sought a response from the respondents, which include the Centre and authorities in the Union territory of Andaman and Nicobar.

The tribunal also noted that advocate Bansal had also sought a stay on the DC's letter seeking action against the DFO, saying it is arbitrary and undermined the independent discharge of statutory functions by officers entrusted with the protection and conservation of forests.

It directed the SP "to desist from taking any action" on the letter till further orders to the contrary.

Directing that a copy of the order be sent to the DC and SP for requisite compliance, the green panel posted the matter on August 14 for further proceedings.

The petitioner has also sought a declaration that local regulations, such as the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956, do not override the requirement of central approval for forest land diversion.

The plea further seeks a direction to the MoEFCC to conduct an inquiry into all such allotments in the Nicobar district made after 1980 and to restore any forest land found to be illegally diverted.

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