GUWAHATI: In a significant victory for environmental conservation and the safeguard of the Assamese community, the Supreme Court on February 10 firmly rejected appeals from a pro-encroachment group in Assam, affirming the ‘state government’s eviction protocols as compliant with principles of fairness, reasonableness, and due process.’
The ruling came from a bench of Justices PS Narasimha and Alok Aradhe, which addressed petitions by 59 occupants challenging notices dated July 24, 2025. Issued by forest and revenue authorities, these demanded the immediate vacation of land within a reserved forest, sparking a legal battle that escalated from the Gauhati High Court to the Supreme Court.
The petitioners argued that the evictions breached Section 18(2) of the Assam Land and Revenue Regulation, 1886; the Assam Land Policy, 2019; and the Supreme Court’s directives in its November 13, 2024 judgment. They highlighted the lack of clear demarcation between revenue land and protected forest zones, urging protection for their settlements.
However, the Supreme Court lauded the state’s structured approach. As detailed in an Assam government affidavit, the process begins with the issuance of eviction notices, followed by scrutiny by a joint committee of forest and revenue officials. Occupants receive a hearing to present evidence in support of their claims. Demolition proceeds only upon verification of encroachment, accompanied by “speaking orders” granting 15 days to vacate.
The bench emphasised forests’ irreplaceable value, declaring: “The process sought to be adopted by the State Government for removal of encroachment conforms to the principles of fairness, reasonableness and due process”. It further noted: “In our opinion, the course of action to be adopted by the State Government while removing the encroachment from the reserved forest contains sufficient procedural safeguards.”
Underscoring the broader crisis, the court elaborated: “Forests constitute one of the most vital natural resources of the nation. They are not merely repositories of timber or land capable of alternate use, but complex ecological systems indispensable for maintaining environmental balance. Forests regulate climate, preserve biodiversity, recharge groundwater, prevent soil erosion, and act as natural carbon sinks mitigating the adverse effects of climate change. In a country as ecologically diverse and climatically vulnerable as India, the role of forests assumes even greater significance. Encroachment upon forest land has emerged as one of the gravest challenges confronting environmental governance in the country.”
The Gauhati High Court’s proceedings revealed the scale of the problem. Assam’s Advocate General informed that nearly 29 lakh bighas of reserved forest land remain “infested” with encroachers, with the state already reclaiming over 1 lakh bighas through sustained drives. An affidavit from the Principal Chief Conservator of Forests exposed commercial misuse in the forest area: betel nut plantations, fisheries, and makeshift shops—some dismantled during operations.
On August 5, 2025, a division bench paused evictions, allowing occupants to produce documents proving land allotments for housing. But an August 18 affidavit shifted the narrative, prompting the court to express “shock” and remark: “it really calls for the restoration of the State mechanism to prevent such infiltration in the reserved forest.” The bench upheld the single judge’s order, standardised 15 days’ notice for settlers, and mandated new regulations to curb future encroachments.
This decision bolsters Assam’s resolve amid deforestation pressures in Northeast India and ecological imperatives.
