The Supreme Court on Tuesday, 10th February, cleared the way for the Assam government to remove encroachments from 3,62,082 hectares of reserved forest land, saying the State’s proposed process has enough safeguards and follows due process.
#BREAKING: Supreme Court granted relief to thousands in Assam’s border districts by directing the state to form a committee to regulate eviction and demolition drives in several reserve forests, including Doyang and Golaghat. The state had begun large-scale removal of alleged… pic.twitter.com/J5FqXnPazp
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A bench of Justices P.S. Narasimha and Alok Aradhe said environmental protection and the rule of law must go hand in hand, and that action to clear forest land cannot be arbitrary.
The judgment came up after residents from villages located in Doyang Reserved Forest, South Nambar Reserved Forest, Jamuna Madunga Reserve Forest, Barpani Reserved Forest, Lutumai Reserved Forest and Gola Ghat Forest challenged eviction notices issued by the State.
The residents, including Abdul Khalek and others, said they and their families have been living there for more than 70 years. They pointed out that they have Aadhaar cards, ration cards and other identity documents issued by government agencies.
The Assam government told the court that nearly 19.92% of the State’s forest area is under encroachment. It said a policy decision has been taken to clear all unauthorised occupation from reserved forests and restore the land through reforestation and conservation steps. The State also filed an affidavit saying a committee of forest and revenue officials will be set up to examine each case.
According to the plan explained in court by Solicitor General Tushar Mehta, the committee will issue notices to people in occupation of the land and give them a chance to show documents to prove their right. If the land is found to be within the reserved forest area and the documents do not support their claim, a speaking order will be passed.
The person concerned will then be given 15 days to vacate the land, and only after that period will removal action begin. If someone is found to be within revenue limits and outside the notified forest area, the matter will be sent to the revenue department for further action.
The court said forests are especially important in a country like India, which is ecologically diverse and vulnerable to climate change. It was observed that encroachment on forest land has become one of the biggest challenges in environmental governance.
At the same time, the judges stressed that clearing forest land must be done lawfully. “The Constitution does not envisage a choice between environmental protection and the rule of law,” the bench said, adding that both must support each other.
Referring to Article 51A(g), the court said both citizens and the State have a shared responsibility to protect and improve the natural environment, including forests. It found that the State’s proposed mechanism follows fairness, reasonableness and due process.
The court modified the Gauhati High Court’s orders, declined to entertain the writ petitions, and directed the parties to maintain the status quo over the land in question until a speaking order is passed and the 15-day notice period ends.
