India’s highest court has cleared the way for Assam’s government to press ahead with its campaign to remove alleged encroachments from reserved forests—while insisting that the process must carry procedural discipline and fairness at every step.
In an order delivered on February 10, a bench of Justice P.S. Narasimha and Justice Alok Aradhe endorsed the eviction mechanism outlined in a fresh affidavit filed by the State. The framework, the court observed, carries adequate safeguards and aligns with principles of due process.
At the heart of the mechanism is a Joint Committee made up of forest and revenue officials. Once eviction notices are issued, the matter moves before this panel. Occupants are granted a hearing and an opportunity to present documents or evidence to support their claims. Only after the committee determines that encroachment exists can removal proceedings begin. Even then, a reasoned order must be passed, followed by a 15-day window for occupants to vacate.
The court directed that status quo be maintained until such speaking orders are issued and the 15-day notice period expires.
The ruling comes amid a sweeping eviction drive across several reserved forests, including Doyang, South Nambar, Jamuna Madunga, Barpani, Lutumai and Golaghat. According to submissions made on behalf of the State, nearly 29 lakh bighas of reserved forest land are said to be affected by encroachment. Authorities claim that over one lakh bighas have already been cleared.
In its order, the court moved beyond procedure to underline principle. Forests, it said, are not mere tracts of land awaiting alternative use. They are living ecological systems—climate regulators, groundwater reservoirs, biodiversity vaults and carbon sinks. In a country as environmentally fragile and diverse as India, their protection is not optional but essential. Encroachment, the bench remarked, has become one of the most serious tests facing environmental governance.
The matter reached the court through a batch of six Special Leave Petitions filed by occupants who challenged earlier eviction orders upheld by the Gauhati High Court. Around 59 individuals had initially approached the High Court after being served notices in July 2025 directing them to vacate within seven days.
They argued that the notices violated statutory safeguards under the Assam Land and Revenue Regulation, 1886, the Assam Land Policy of 2019, and earlier directions of the Supreme Court. A key grievance was the absence of clear demarcation distinguishing forest land from revenue land. Some occupants also contended that their homes had been built under government-backed schemes and that no meaningful procedure preceded the eviction orders.
A single-judge bench of the High Court found the seven-day response window inadequate and extended it. On appeal, the division bench permitted occupants to place records supporting their claim of lawful allotment and ordered status quo on the eviction drive.
During those proceedings, concerns were also raised about public statements branding certain settlers as “encroachers” before individual claims were adjudicated. Petitioners argued that such characterisations created apprehension of a policy-driven approach rather than case-by-case scrutiny.
With the Supreme Court now approving the State’s revised mechanism, the focus shifts from confrontation to compliance. Evictions may proceed—but only after hearings, reasoned orders and a defined notice period.
In Assam’s forests, the law has drawn its line.
