Supreme Court Approves Assam Govt Mechanism To Evict Encroachers From Forest Lands

The Supreme Court, on February 10, modified the order of the Gauhati High Court in terms of the latest affidavit filed by the State of Assam on the mechanism adopted in carrying out large-scale encroachment drives in Doyang, South Nambar, Jamuna Madunga, Barpani, Lutumai and Gola Ghat reserved forests in Assam.As per the affidavit, after eviction notices are issued, it goes before a Joint Committee of forest and revenue officials. The committee is authorised to give a hearing to the occupants in order to adduce evidence. The action for removal is taken only once it is established that there has been an encroachment. A period of 15 days' notice is given through speaking orders to vacate the unauthorised occupation.A bench comprising Justice PS Narasimha and Justice Alok Aradhe has directed that the status quo be maintained till speaking orders are passed and till expiry of 15 days."In our opinion, the course of action to be adopted by the State Government while removing the encroachment from the reserved forest contains sufficient procedural safeguards. The process sought to be adopted by the State Government for removal of encroachment conforms to the principles of fairness, reasonableness and due process".The Court also underscored the importance of the forest for an ecologically diverse and climatically vulnerable country like ours and how encroachment poses a threat."Forests constitute one of the most vital natural resources of the nation. They are not merely repositories of timber or land capable of alternate use, but complex ecological systems indispensable for maintaining environmental balance. Forests regulate climate, preserve biodiversity, rechargegroundwater, prevent soil erosion, and act as natural carbon sinks mitigating the adverse effects of climate change. In a country as ecologically diverse and climatically vulnerable as India, the role of forests assumes even greater significance. Encroachment upon forest land has emerged as one of the gravest challenges confronting environmental governance in the country."The Court passed the order in a batch of six connected Special Leave Petitions. The SLPs were filed by the occupants who challenged the order of the division bench of the High Court, which affirmed the eviction orders initiated by the State authorities.To briefly state, around 59 persons approached the Gauhati High Court against the notices dated July 24, 2025, issued by the State authorities, asking them to vacate their land within 7 days in the reserved forest.The occupants alleged that the actions of the respondents contravened the provisions of Section 18(2) of the Assam Land and Revenue Regulation, 1886; and the Assam Land Policy, 2019, and the guidelines laid down by the Supreme Court in its November 13, 2024 judgment. It was also argued that notices were served upon them without any specific demarcation as to whether the land in question is revenue or forest land.The Single Judge found that the 7-day window for claims was too short and extended it for some time. Against which appeals were filed, contending that no procedure has been followed for their eviction from their houses, which were allotted to them under some Government scheme in the past. During the hearing before the division bench, the Advocate General submitted that approximately 29 lakh bighas of land in the reserved forests is "infested" with encroachers and the drive understand bythe State is for removing such encroachers. More than 1 lakh bigha of land has already been cleared from encroachment.While the occupants flagged that over a period of time, the Chief Minister of Assam have consistently portrayed residents of certain settlements as "encroachers" and "illegal occupants" even before individual rights have been adjudicated. It was alleged that such a public declaration, emanating from the highest executive office, has created a reasonable apprehension in the minds of the petitioners that the eviction process is a policy-level hostility rather than case-specific legal scrutiny.On August 5, 2025, the division bench allowed the occupants to bring any record/document to establish their claims that the land was allocated to them in the reserved forest for the construction of houses. It also ordered the status quo on the eviction drive.On August 18, the State of Assam filed an affidavit, sworn by the Principal Chief Conservator of Forest & Head of the Forest Force, Assam, as per which, occupants in question were indulging in commercial farming of betel-nut trees and had also set up fisheries. On this, the High Court expressed shock and said that it really calls for the restoration of the State mechanism to prevent such infiltration in the reserved forest.The affidavit further stated that some commercial shops were also found existing inside the forest area, which were dismantled during the anti-enroachment drive. Whereas, the occupants filed an affidavit to demonstrate that they were legal settlers, and they were...

Supreme Court Approves Assam Govt Mechanism To Evict Encroachers From Forest Lands

Gursimran Kaur Bakshi

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