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Judgment
The Court proceedings have been conducted through video-conference.
Heard Mr. K.N. Choudhury, learned Senior counsel for the petitioners.
Issue notice, returnable within three weeks.
Mr. K.P. Pathak, learned Standing Counsel, Forest Department, accepts notice on behalf of respondent Nos.1 and 2 whereas Mr. R. Das, learned
Standing Counsel, North Cachar Hills Autonomous Council (NCHAC) appears and accepts notice on behalf of respondent Nos.3 to 7.
The petitioners have approached this Court seeking for an appropriate order to protect their land which are sought to be acquired for the purpose of
compensatory afforestation for setting up of 120 MW Lower Kopili Hydro Electric Project at Longku. The petitioners are residents of Nabdi
Daulagupu village under Haflong Range which is included among other villages for the purpose of compensatory afforestation as indicated in the letter
dated 01.06.2019 of the Secretary, NCHAC, Haflong.
Perhaps, at the request of the villagers including the petitioners, the NCHAC authorities are seeking to exclude the petitioners’ village for the
purpose of the compensatory afforestation by choosing another location as can be seen from the communication dated 06.02.2021 from the Secretary,
Revenue, NCHAC issued to the Chief Conservator of Forests, Dima Hasao district, Haflong. However, the petitioners apprehend that in spite of such
a proposal, as the matter has not been finalized, the petitioners’ land may be acquired for the purpose of compensatory afforestation in terms of
the earlier communication dated 01.06.2019. Accordingly, the petitioners are before this Court.
As regards the interim prayer, he has been made to understand that the Council authorities are in touch with the petitioners to exclude their village
for the purpose of compulsory afforestation. However, Mr. Das submits that he would like to take more definitive instructions in this regard. If that is
so, the interim prayer can be considered on the next date. However, till then, it is provided that the status quo as regards the petitioners’ village for
the purpose of compensatory afforestation in terms of the communication dated 01.06.2019 (Annexure-B to the writ petition) shall be maintained.