The Supreme Court on February 10 modified the Gauhati High Court’s order in line with the latest affidavit filed by the Assam government regarding the mechanism adopted for carrying out large-scale eviction drives in the Doyang, South Nambar, Jamuna Madunga, Barpani, Lutumai and Golaghat reserved forests in Assam.
According to the affidavit, once eviction notices are issued, the matter is placed before a Joint Committee comprising forest and revenue officials. The committee is empowered to grant a hearing to the occupants, allowing them to produce evidence in support of their claims. Eviction action is to be taken only after it is established that there has been an encroachment. A 15-day notice period must be given through a speaking order before removal from unauthorised occupation.
A bench of Justice P.S. Narasimha and Justice Alok Aradhe directed that status quo be maintained until speaking orders are passed and the 15-day notice period expires. The Court observed that the course of action proposed by the State Government contains sufficient procedural safeguards and conforms to principles of fairness, reasonableness and due process.
Welcoming the order, Assam Chief Minister Himanta Biswa Sarma said that 1,25,326 bighas of forest land have already been cleared of encroachment. He noted that many occupants had approached the High Court and the Supreme Court, and that around 300 applicants had earlier received interim protection from eviction, which delayed drives in parts of Golaghat and Nagaon. He said the Supreme Court has now ruled in favour of the state in all six related cases and clarified that if the land is forest land, the state has the authority to evict—subject to the prescribed procedure.
The Chief Minister said a committee will be formed in each case. The District Magistrate will serve as chairperson, the Divisional Forest Officer (DFO) as member secretary, the Additional District Magistrate as the revenue member, and the concerned forest ranger and circle officer as members. If the land is found to be revenue land, the revenue department will decide the matter.
Petitioners, however, described the development as a moral victory, arguing that the order would prevent arbitrary evictions and ensure that residents have an opportunity to present their claims before any action is taken.
The Supreme Court also underscored the ecological importance of forests. It observed that forests are not merely sources of timber or alternative land use, but complex ecological systems essential for maintaining environmental balance. Forests regulate climate, preserve biodiversity, recharge groundwater, prevent soil erosion and act as natural carbon sinks. In a country as ecologically diverse and climatically vulnerable as India, forests assume even greater significance. The Court noted that encroachment on forest land has emerged as one of the gravest challenges to environmental governance.
The order was passed in a batch of six connected Special Leave Petitions (SLPs). Around 59 persons had approached the Gauhati High Court challenging notices dated July 24, 2025, asking them to vacate land within seven days in reserved forest areas.
The occupants argued that the eviction actions violated Section 18(2) of the Assam Land and Revenue Regulation, 1886, the Assam Land Policy, 2019, and Supreme Court guidelines issued earlier. They also contended that notices were served without clearly demarcating whether the land in question was forest or revenue land.
A single judge of the High Court had earlier found the seven-day window too short and extended it. In appeals, the state submitted that nearly 29 lakh bighas of reserved forest land were under encroachment and that more than one lakh bighas had already been cleared. The occupants alleged that public statements branding them as “encroachers” even before adjudication created apprehension of bias.
On August 5, 2025, the division bench allowed residents to submit documents to support their claims and ordered status quo on eviction. The state later filed an affidavit stating that some occupants were engaged in commercial betel-nut cultivation, fisheries and had set up shops inside forest areas. Some residents, on the other hand, produced documents to show they were legal settlers and had received amenities such as water and electricity under government schemes.
The matter eventually reached the Supreme Court. The Court observed that occupation of land within a gaon panchayat located in forest areas may be permissible if supported by records in the Jamabandi register maintained by the Forest Department or under the Forest Rights Act. Individuals recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, are legally entitled to occupy forest land and cannot be evicted without due process.
The Court recorded the assurance of the Solicitor General that the eviction mechanism would be implemented objectively and fairly. The procedure includes formation of a joint committee of forest and revenue officials, issuance of notices, opportunity for occupants to present documentary proof, and eviction only after a determination of encroachment. A speaking order and a 15-day notice are mandatory before any eviction.
