The University of Science and Technology (USMT) in Meghalaya’s Ri-Bhoi district, which was accused by Assam Chief Minister Himanta Biswa Sarma of carrying out construction that allegedly led to flash floods, was built on 25 hectares of encroached forest land without Central approval, according to a report by the Supreme Court’s Central Empowered Committee (CEC).
In a report on inter-state impacts, the CEC recommended the imposition of a cumulative penalty of `150.35 crore on USTM, a private university established in 2008 and promoted by the Education Research and Development Foundation.
The CEC has recommended that the entire area occupied by USTM and surrounding buildings be “fully restored” to normal forest within an year, and funds from the penalty imposed be used to remove all “illegal structures”.
The Committee also found illegal mining across Ri-Bhoi and recommended that all mining, quarrying and crushing activities in the district be suspended till an official review is conducted.
In August last year, invoking the term “flood jihad”, Sarma had pinned the blame of flash floods in Guwahati on construction work in USTM, stating that deforestation and hill-cutting for the campus were responsible. The university had denied the charges.
The CEC’s report was filed on a case filed before the Supreme Court seeking directions to address rampant environmental degradation in Ri-Bhoi and East Khasi Hills districts in Meghalaya, and its transboundary impact on Assam, particularly in Guwahati city. The technical body advises the Supreme Court on forest and environment protection. and legal compliance matters.
The CEC based its conclusions on analysis of the forest definition and laws followed in Meghalaya, and examined the status of the land on which USTM is located. It found that as per the Centre, “out of 15.71 hectares of existing USTM constructed area, 13.62 is forest land.” Further, out of 12.13 hectares of forest land earmarked for PA Sangma Memorial Medical College, 7.64 hectares has already been broken up, or used, the CEC said.
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“The breaking of land has been done devastatingly, and the surroundings have been heavily disturbed,” CEC’s report stated. It added that “massive” and “indiscriminate” destruction of the site is evident.
The CEC calculated the `150.35 crore cumulative penalty under seven different heads consisting of penal net present value to be paid for forest land, tree cutting, environmental compensation, land restoration, cost for demolition and compensatory afforestation.
While examining the USTM land status, the CEC found that in 2017, the Union Environment Ministry’s regional office directed the Meghalaya government to carry out ground verification. It was initially said that 13.03 hectares was non-forest land but the regional office eventually determined that 13.62 hectares of land under scrutiny was forest area. It directed the university and the foundation to submit a proposal for forest diversion under the Forest Conservation Act, 1980.
However, no clearance was obtained, the CEC found. The second land parcel spread over 12.13 hectares was for the setting up of ERD Foundation’s medical college. The state forest department said in 2021 that the plot in question is forest land, and found that Meghalaya Forest Regulation, 1973, was violated. As per CEC’s report, the university’s application to seek forest clearance for this land parcel is under examination.
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The penalties have been computed from June 2017 onwards for one land parcel, when the status of forest land was first informed by Khasi Hill divisional forest officer, and April 2019, for the other land parcel, as per the CEC report.
