New Delhi: The Supreme Court has upheld Assam government’s policy to remove encroachments from nearly 20 percent of its forest land under “unauthorised encroachments”, calling forests “complex ecological systems indispensable for maintaining environmental balance”.
In the judgment delivered Tuesday, a bench of Justices P.S. Narasimha and A. Aradhe emphasised the state’s constitutional obligation by taking a “policy decision to remove unauthorised occupation from the reserved forest” to restore ecological balance.
The ruling addressed the complex tension between long-standing human habitation and the urgent need for environmental conservation in Assam, as the court supported the mandate to clear forest land, while emphasising that the exercise must be carried out through lawful means.
Assam Chief Minister Himanta Biswa Sarma called the judgement a “historic victory of the Assam government”.
“Some people had moved to the Supreme Court saying that there is no right of the Assam government to conduct eviction…. after this judgement, the entire process has now become streamlined,” he said in a press conference in Guwahati Wednesday. “This evening, we will notify a committee where DC will be the chairman, DFO will be the member secretary, ADC (Revenue), the concerned range officer, and the Circle Officer will be the members. They will have to see only whether the land falls under forest or revenue. Our forest department is now free from legal battle.”
The case arose from a petition by residents of Assam’s Doyang Reserved Forest, South Nambar Reserved Forests, Jamuna Madunga Reserve Forest, Barpani Reserved Forest, Lutumai Reserved Forest and Gola Ghat Forest.
They challenged eviction notices issued by the Assam Forest Department, on the ground that they were arbitrary, violative of the principles of natural justice and issued without affording any prior opportunity of hearing or adjudication of their claimed rights over the land.
These villagers contended that their predecessors and they had resided in these villages for more than 70 years, with identity documents like Aadhaar and ration cards as proof.
Conversely, the Himanta Biswa Sarma led BJP-government in Assam asserted that these lands were notified as reserved forests as far back as 1887 and 1888, arguing that “large scale and systematic encroachments” had diverted forest land for residential and agricultural use, leading to “serious environmental degradation”.
It asserted that the petitioners had no legal right to occupy the land comprising the reserved forest.
The Division Bench of the Gauhati High Court in August 2025 directed the state government to frame necessary regulations to prevent unauthorised encroachment of reserved forest land.
It further directed the government to issue show cause notices to the villagers, granting them 15 days to submit an explanation and another 15-day window to vacate the land in case they were asked to do so.
The petitioners challenged this order before the Supreme Court and filed a writ petition under Article 32 of the Constitution.
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Scale of encroachment
The Assam government told the top court that 3,62,082 hectares of forest land were currently under encroachment. This accounts for 19.92 percent of the total forest area in Assam, they said.
Citing the Constitution, the judgement reminded the state of its mandate under Article 48A to safeguard forests and wildlife, while also noting the fundamental duty of citizens under Article 51A(g) to protect the natural environment.
While the court supported the mandate to clear forest land, it emphasised that “constitutional governance demands that environmental protection be pursued through lawful means”, and does not authorise arbitrary action.
To balance these interests, the state government proposed a structured policy mechanism, which the court found to contain “sufficient procedural safeguards”.
After reviewing the additional affidavit filed by the Assam government, the court took a “policy decision to remove unauthorised occupation from the reserved forest”.
Under the new policy, a committee of forest and revenue officials will be formed for the removal of unauthorised occupation to issue notices to alleged occupants.
Occupants will be given a chance to produce evidence, such as entries in the “Jamabandi Register” for forest villages or rights under the Forest Rights Act, 2006.
If an occupant is found to be unauthorised after document scrutiny, the authorities must pass a formal “speaking order”. Unauthorised occupants must be served a 15-day notice to vacate only after the speaking order is passed.
It said the state’s action to remove encroachment from reserved forest areas had nothing to do with matters that may be referred to the revenue department.
It added that a Gaon Panchayat can occupy forest land if there is sufficient proof in the Jamabandi Register maintained by the Forest Department or under the Forest Rights Act.
“The course of action to be adopted by the State Government while removing the encroachment from the reserved forest contains sufficient procedural safeguards. The process sought to be adopted by the State Government for removal of encroachment conforms to the principles of fairness, reasonableness and due process,” the court said.
The court also took note of Solicitor General Tushar Mehta’s assurance that the mechanism evolved by the Assam government shall be “complied with objectively and with fairness while taking action for removal of unauthorised occupation in the reserved forests”.
The Supreme Court concluded that this mechanism met the principles of “fairness, reasonableness and due process”. It directed all parties to maintain the status quo on the land occupied by the appellants until a speaking order is passed and the subsequent 15-day notice period expires.
(Edited by Sugita Katyal)
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