SC allows Assam to form panel to identify illegal occupants in Golaghat forest land

The Supreme Court on February 10 permitted the Assam government to constitute a committee to identify unauthorised occupants in the Doyang Reserved Forest and adjoining villages in Golaghat district, while laying down safeguards to ensure due process before any eviction.

Observing that forests are among the nation’s most vital natural resources, the apex court said encroachment on forest land has emerged as one of the gravest challenges confronting environmental governance in the country. The bench said the committee will issue notices to alleged unauthorised occupants and give them an opportunity to explain their occupation before any action is taken.

The court clarified that eviction proceedings can be initiated only if encroachment is established. If the notice is found to be within revenue limits and outside the notified forest area, the revenue department will decide the future course of action. However, if unauthorised occupation is found within a reserve forest area, a speaking order must be passed and served on the occupant, granting 15 days’ time to vacate the land.

The bench directed that removal of unauthorised occupants should be carried out only after the expiry of the notice period and asked all parties to maintain status quo on the land in question until a speaking order is passed and the 15-day notice period expires.

The court further observed that occupation of a gaon panchayat in a forest area may be permissible if supported by sufficient proof, such as entries in the jamabandi register maintained by the forest department or documents recognised under the Forest Rights Act.

Stressing procedural fairness, the bench said the eviction process must adhere to principles of fairness, reasonableness and due process, noting that the state must adopt adequate safeguards while removing encroachments from reserve forest land.

The order was passed on a plea filed by Abdul Khaleq and other affected families challenging eviction proceedings. The court reiterated that forests are not merely repositories of timber but are complex ecological systems indispensable for maintaining environmental balance.

Assam CM Himanta Biswa Sarma says, "Some people had moved to the Supreme Court saying that there is no right of the Assam government to conduct eviction. The Supreme Court has directed us not to conduct evictions in 300 petitioners, on basis of this, we could not able to conduct evictions in 10-15 percent areas in Golaghat and Nagaon districts. The apex court has issued a direction to the Assam government that the state government has the right to conduct an eviction drive in the forest areas, but we will have to form a committee including the DC and forest officials. They will issue an eviction notice, if someone says that their land is not fall under the forest area, then the committee will hear this and will give a speaking order. If in the speaking order it is said that the land is under the forest area, then the state government can conduct an eviction. This judgement has given by Justice Alok Aradhe along with Justice Narasimha. After this judgment, the entire process has now become streamlined. If land falls under the forest area then the committee will give speaking order and the state government can conduct eviction within 15 days. If the committee says that the land falls under the revenue department, then the revenue department will take the next step. If encroachment happens in the forest area, then the state government has the right to evict. The committee can decide it. It is a historic victory of the Assam government. Solicitor General Tushar Mehta had represented the Assam government. This evening we will notify a committee where DC will be the chairman, DFO will be the member secretary, ADC (Revenue), the concerned range officer, and the Circle Officer will be the members. They will have to see only whether the land falls under forest or revenue. Our forest department is now free from legal battle..."

According to the Assam government, the forest areas in question were notified as reserve forests in 1887 and 1898 under the Forest Acts then in force, and the land under occupation falls within these notified limits. The forest department had earlier issued eviction notices to the petitioners, directing them to vacate the land within seven days.

The Supreme Court’s order allows the identification process to move forward while ensuring that no eviction takes place without compliance with due legal procedure.