The Supreme Court has allowed the Assam government to form a committee to examine alleged unauthorised occupation in the Doyang Reserved Forest area of Golaghat district. The Court said that eviction can occur only after due process, notice, and a 15-day period, stressing fairness and environmental protection.
New Delhi: Observing that forests are among the most important natural resources of the country, the Supreme Court of India on Tuesday allowed the Assam government to form a committee of forest and revenue officials to examine cases of alleged unauthorised occupation in the Doyang Reserved Forest and nearby villages in Golaghat district.
The apex court noted that encroachment on forest land has become one of the most serious challenges facing environmental governance in India. A Bench comprising Justices P.S. Narasimha and Alok Aradhe said the committee would first issue notices to persons alleged to be unauthorised occupants and give them an opportunity to produce evidence to prove their legal right over the land they occupy.
The court made it clear that eviction action would be taken only if the committee finds that the land falls within a reserved forest area. It further explained the procedure to be followed depending on the location of the occupied land.
“In case the noticee is found to be within the revenue limits, outside the notified forest area, the details of the noticee shall be sent to the revenue department In such cases, the revenue department shall decide the future course of action”
The Bench said that if an unauthorised occupation is found within a reserved forest area, a reasoned order must be passed and served on the concerned person, giving them 15 days’ time to vacate the land.
The court added that eviction would be carried out only after the expiry of this notice period. It also directed all parties to maintain status quo with respect to the land under occupation until a speaking order is passed and the 15-day notice period ends.
Clarifying the position of village institutions, the Bench observed:
“Occupation of a gaon panchayat in a forest is permissib le if there is sufficient proof as per the Jamabandi register meintsined by the forest department or as provided under the Forest Rights Act”
The court expressed satisfaction with the procedure proposed by the state government and held that adequate safeguards had been built into the process.
“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. The proces: sought to be adopted by the state government for removal of encroachment conforms to the principles of fairness, reasonableness and due process,”
The order was passed on petitions filed by Abdul Khaleg and other affected families, who had challenged eviction notices issued by the forest department.
Emphasising the larger environmental importance of forests, the court observed that forests are not just sources of timber or land for alternative use, but complex ecological systems essential for maintaining environmental balance.
The Assam government had argued that the land occupied by the petitioners falls within a reserved forest area and that they have no legal right to remain there. According to the state, these forest areas were notified as reserve forests in 1887 and 1888 under the forest laws then in force.
The forest department had earlier issued eviction notices to the petitioners, stating that they were unauthorised occupants of reserved forest land and directing them to vacate the land within seven days of receiving the notices.
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