The Supreme Court directed preparation of a time-bound eviction plan to remove encroachments from the Agasthyamalai ecological landscape and ordered disciplinary and legal action against 118 serving and retired government servants identified as encroachers, stressing the constitutional duty to protect fragile ecosystems and endangered wildlife.
Taking note of encroachments in the protected areas within the Agasthyamalai ecological landscape spanning Tamil Nadu and Kerala, the Supreme Court has directed that a time-bound eviction plan be prepared and implemented on priority. The apex court further directed that disciplinary and legal action be initiated against all identified 118 serving and retired government servants found to be encroachers.
A bench of Justices Vikram Nath and Sandeep Mehta observed that encroachments in the protected areas of the Agasthyamalai landscape covering the Kalakad Mundanthurai Tiger Reserve, Srivilliputhur-Megamalai Tiger Reserve, and the Kanyakumari Wildlife Sanctuary have continued to persist and expand over several decades, despite specific directions from the Madras High Court and prior orders issued by the top court.
The bench said,
“The present proceedings concern not merely questions of regulatory compliance or administrative accountability, but strike at the very heart of environmental governance and the constitutional obligation of the State to preserve and protect ecologically sensitive regions, fragile ecosystems, and critically endangered wildlife for the benefit of present and future generations,”
The bench delivered its verdict on May 29 while considering a plea that raised issues related to, among other things, the protection of reserve forests, wildlife sanctuaries, and tiger reserves in Tamil Nadu. It noted that, according to a July 2025 interim report of the Central Empowered Committee (CEC), the Agasthyamalai ecological landscape covers 3,500.36 square km, including several districts across Tamil Nadu and Kerala.
It further recorded that, based on a report submitted by the district magistrate of Theni district, a total of 4,601 encroachers have occupied 5,072.653 hectares of land in reserved forests in the district, and so far only 1.8 percent of the total encroached forest land has been reclaimed.
The bench stated that, as per the district magistrate’s report, 116 government and public utility structures were built inside forest lands without prior approval.
The bench said,
“Alarmingly, a total of 118 individuals listed as encroachers have been identified as serving or retired government employees, including personnel from the Army, police, CRPF, Forest Department, Revenue Department, Electricity Board, Anganwadi, School Education, panchayats, survey department and other services,”
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It added that while the state has taken some steps, including issuing notices and recovering 15 hectares from such officials, proceedings against a significant number of cases remain pending.
It said,
“A time-bound, division-wise encroachment eviction plan shall be prepared and implemented on priority, with clearly defined timelines, measurable milestones, and designated officer level responsibilities. The said plan shall be placed before CEC within a period of one month,”
The court directed that the eviction plan must incorporate comprehensive measures covering physical eviction, rehabilitation wherever applicable, legal action against wilful violators, and post-eviction ecological restoration to ensure reclaimed forest land is not re-encroached.
It said,
“Disciplinary and legal action shall be initiated against all identified 118 government servants found to be encroachers, in accordance with Rule 3 of the Tamil Nadu Government Servants’ Conduct Rules, 1973 and other applicable laws,”
The bench also directed the state to consider imposing additional penalties on all current and former government employees identified as encroachers, and requiring such persons to deposit appropriate environmental restitution and restoration charges with the Tamil Nadu State Compensatory Afforestation Fund Management and Planning Authority (CAMPA).
It said,
“A blanket moratorium shall be imposed on the extension of welfare schemes, public utilities, transport facilities, electricity supply, and infrastructure support within encroached forest areas, so as to ensure that illegal occupation is neither incentivised nor legitimised,”
The bench said,
“Stringent disciplinary, penal, and criminal action shall be proposed against all officials, officers, and heads of departments who commenced, facilitated, approved, or permitted illegal infrastructure works within the forest areas, specially within the Megamalai Wildlife Sanctuary, and generally within the Agasthyamalai Biosphere in violation of the Forest (Conservation) Act, 1980,”
It further ordered that all government establishments, facilities, and unauthorised infrastructure located within forest areas must be discontinued, relocated, dismantled, and removed from forest land within six months.
The court also said that all illegal resorts, commercial establishments, and tourism-related infrastructure operating within the Megamalai area and other forest lands must be made non-operational immediately and dismantled in accordance with law, ensuring minimum disruption to the forest area.
It said,
“In case the state government fails to ensure compliance with the above directions, the CEC may recommend deployment of paramilitary forces for providing assistance to carry out the exercise of removal of encroachments,”
The bench asked the states to submit monthly compliance reports to the CEC, and required the CEC to carry out ground verification and submit quarterly status reports until all directions are fully complied with.
It asked the CEC to submit its report in a sealed cover by August 28, and posted the matter for further hearing on September 1.