Arunachal Pradesh
Gyandrabrangsa, Halftangmu, Penpeytang, Chendhuphu, Yangphu and Changphunakphu
,
Nyukmadong
,
West Kameng
Published :
Feb 2024
|
Updated :
BRO road project threatens sacred forest of Nyukmadong village in Arunachal Pradesh
Reported by
East Street Journal Asia
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
217
Households affected
1042
People affected
2021
Year started
2880
Land area affected
217
Households affected
1042
People Affected
2021
Year started
2880
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Infrastructure
Reason/Cause of conflict
Roads
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

A village in West Kameng in Arunachal Pradesh is fiercely fighting to protect their sacred forests from a BRO-administered road project.

Despite their ancestors bravely supporting the Indian Army soldiers in fighting the Chinese invaders 60 years ago, the villagers are now forced to defend their sacred forest lands from the Indian Army and the Ministry of Defence (MoD), who are attempting to build an alternative “strategic” road to Sela.

The residents of Nyukmadong village assert that the Border Roads Organisation (BRO) destroyed over 80% of the 36 sq. km sacred forest with no consultations or compensation. The villagers allege that the damage caused by the earth dumped indiscriminately on valuable trees and medicinal plants down the slope from the edge of the under-construction road was even more severe than the heritage trees felled along the alignment of the 34 km road from Banga-Janga-Gompa to Naga GG (BJG-NGG).

Despite the villagers' appeals to the State government and their efforts to seek justice, officers of the General Reserve Engineering Force (GREF under BRO) have shown no regard for the destruction of the landscape.

Yeshi Tsering, a retired horticulture officer and chairman of the local committee, asserts that the BRO officers do not care about the destruction of the landscape. Dipayan Dey of the Kolkata-based South Asian Forum for Environment (SAFE) also highlights that the road project is an example of trespassing and ignoring the rights of a local tribal community to the land and the forest ecosystem they depend on.

The patch of land has been declared a community reserve forest by the World Wide Fund for Nature (WWF) due to its rich biodiversity, including the red-listed Indian red panda.

There is no official statement by the BRO on the felling of trees within the sacred forest.

The community representatives state that the deforestation (for the road) has affected their traditional holy sites, locally referred to as Phu. The locals assert that the destruction of their sacred forest began more than a year ago without any community consultation or participatory meetings.

On June 14, 2021, the community leaders lodged a formal complaint with the Additional Deputy Commissioner of West Kameng to halt the project. On August 24, 2021, the community members lodged an F.I.R. against the BRO at the Dirang police station under relevant sections of the Indian Penal Code, but this could not stop the destruction of the forest.

The State’s Principal Chief Conservator of Forest, R K Singh, granted diversion of 97.95 hectares of forestland to construct the BJG-NGG road before being transferred to Mizoram. However, the letter of approval to the commanding officer of the 97 RCC (GREF) was almost a year too late, according to a local activist.

The local stakeholders assert that much of the damage to the sacred forest cannot be reversed.

Tsering emphasizes that nothing can compensate for the loss of biodiversity, but the community as landowners should be paid for re-greening the bald patches.

After meeting with green activists from outside the State, community leaders from Nyukmadong and adjoining areas assert that they will approach the National Green Tribunal.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to retain/protect access to common land/resources

Opposition against environmental degradation

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common and Private

Forest and Non-Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Religious/Sacred/Cultural value, Other environmental services

Whether the project was stalled due to land conflict

Data Unavailable

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Border Roads Organisation (BRO), GREF, Ministry of Environment & Forests, Forest Conservation Division

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

M/s Agnitio Infrastructure Projects Pvt. Ltd., M/s Technocrats Infrastructure Consultants Pvt. Ltd.

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
East Street Journal Asia

East Street Journal Asia is a multilingual, Web-based news journal. It is an independent media organisation whose goal is to make transparent, unbiased and data-driven journalism accessible to all.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand to retain/protect access to common land/resources

Opposition against environmental degradation

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Religious/Sacred/Cultural value, Other environmental services

Whether the project was stalled due to land conflict

Data Unavailable

Source/Reference

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Exclusive monthly policy briefs, stories from the ground, Quarterly Analytics report, Curated Expert talks, merchandise and much more.


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