The Supreme Court of India has approved the Assam Government’s proposed mechanism for identifying and removing unauthorized occupation from reserved forest lands, modifying an earlier order of the Gauhati High Court in a batch of connected Special Leave Petitions. The petitioners — occupants of reserved forests in districts including Doyang, South Nambar, Jamuna Madunga, Barpani, Lutumai and Gola Ghat — had challenged eviction notices that directed them to vacate forest land within a short period. They argued that the notices violated statutory provisions such as Section 18(2) of the Assam Land and Revenue Regulation, 1886, the Assam Land Policy of 2019, and Supreme Court guidelines from prior judgments. The Supreme Court considered the latest affidavit filed by the State of Assam outlining a detailed procedural framework for addressing encroachments and modified the Gauhati High Court’s order accordingly. The apex court acknowledged that encroachment on forest land represents one of the most serious challenges to environmental governance and underlined the constitutional obligation on the State to protect forests and the environment in a manner that is both lawful and fair. The Court observed that the Assam Government’s proposed mechanism, which includes procedural safeguards, conforms to principles of fairness, reasonableness and due process. It noted that the Constitution does not permit a choice between environmental protection and the rule of law but requires both to be upheld simultaneously.
The mechanism approved by the Supreme Court requires the Assam Government to constitute a committee comprised of forest officials and revenue officials to examine claims of occupation and encroachment. As part of this process, the committee is to issue notices to alleged unauthorized occupants, giving them an opportunity to produce evidence or documentation supporting their claims to lawful occupancy. If the committee determines that the land in question falls within a notified reserved forest area and that no legitimate entitlement exists, it must pass a detailed speaking order. Only after the issuance of this speaking order should a notice be served granting occupants a specified period — typically 15 days — to vacate the land before any physical eviction is undertaken. The Court clarified that where alleged occupants are found to be outside the boundaries of notified forest land but within revenue land, the matter should be referred to the revenue department for further action under the appropriate legal regime. The Supreme Court also made it clear that occupation by local governing bodies such as Gaon Panchayats within forest boundaries may be permissible only if substantiated by entries in official records such as the jamabandi register maintained by the forest department or under the Forest Rights Act, which protects certain traditional forest dwellers.
In its judgment, the Supreme Court directed that all parties maintain the status quo with respect to the land currently under occupation until a speaking order is passed and the prescribed notice period expires, emphasising that this directive does not amount to an assessment of the individual merits of each claim. The Court stressed that eviction must not proceed in a manner that is arbitrary or without adherence to due process, and it recorded assurances from the Solicitor General that the mechanism would be implemented objectively and fairly by the State. The order underscores the need to balance the constitutional imperative to protect forest and natural resources with respect for procedural fairness and the legal rights of individuals, ensuring that eviction drives are conducted lawfully and with appropriate safeguards for those affected. This structured framework for eviction proceedings frames forest protection and encroachment removal within principles of fairness and due process, reflecting the judiciary’s insistence that environmental governance and legal rights must go hand in hand.
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