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.

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.