In a significant boost to the Assam government’s ongoing efforts to reclaim encroached reserved forest lands, the Gauhati High Court has reaffirmed the state’s constitutional obligation to remove encroachments from protected forest areas and safeguard the environment. A single-judge bench of Justice Devashis Baruah delivered the verdict in a batch of petitions filed by alleged encroachers in areas like Lutumai and Barpani Reserved Forests in Hojai and Nagaon districts.
The court observed that it is the constitutional duty of the State to protect and improve the environment and safeguard forests and wildlife. It granted the petitioners 30 days to remove their belongings and make alternative arrangements. If they fail to vacate within the stipulated period, the state government, district administration, police, and forest officials have been directed to take necessary steps for eviction.
The High Court further directed the Managing Director of Assam Power Distribution Company Limited (APDCL) to disconnect electricity connections to the encroachers after the 30-day period. It emphasised that diversion of reserved forest land for non-forest purposes, such as schools, hospitals, anganwadis, fair price shops, roads, or community centres, is not permissible without due legal approval. The Chief Secretary has been asked to ensure that cleared lands are not diverted for non-forest uses and that the Forest Department undertakes effective reforestation measures.
The case stemmed from notices issued by the Divisional Forest Officer in October 2025 to residents in Lutumai Reserved Forest. 89 petitioners from several villages in the area had challenged the eviction notices, claiming long-term residence with state knowledge, citing documents like Aadhaar cards, voter IDs, and ration cards. However, the court rejected the petitions, saying that the petitioners failed to prove that they fall within the scope of Forest Dwelling Scheduled Tribes or the Other Traditional Dwellers as defined in Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
The court noted that documents such as Aadhaar Cards, Election IDs, names in the Electoral Rolls, Electricity Connection, Certificates issued by the Panchayat Authorities cannot be regarded as documents which would entitle the petitioners to reside within the reserve forests.
Reacting to the judgment, Assam Additional Advocate General Parangam Goswami noted that the court accepted the state’s submissions and reiterated that reserved forest land cannot be diverted for non-forestry purposes.
This verdict comes as a major victory for the Himanta Biswa Sarma-led government, which has made clearing of forest and government encroachments a top priority to restore Assam’s ecological balance, protect indigenous land rights, and unlock land for development. The Chief Minister has repeatedly highlighted the alarming scale of encroachments, with the government targeting the reclamation of over 1,250 square kilometres of allegedly encroached land across the state.
Under Sarma’s leadership, the Assam government has launched sustained eviction drives, directing Deputy Commissioners to identify and remove illegal encroachers while protecting genuine claims of indigenous and tribal communities under the Forest Rights Act. The CM has indicated that fully clearing such encroachments may take around 10 years, but the process is being carried out systematically and legally.
This High Court order is expected to strengthen these efforts by providing judicial backing and streamlining operations in reserved forests.
