The Supreme Court has approved the procedure adopted by the State of Assam to evict alleged encroachers from reserved forests. The Court modified an earlier Gauhati High Court order after examining the State’s latest affidavit outlining safeguards in eviction drives.
A Bench comprising Justices P. S. Narasimha and Alok Aradhe held that the mechanism proposed by the State includes adequate procedural safeguards. The Court directed that status quo be maintained until authorities issue speaking orders and until the expiry of a 15-day period granted to occupants after such orders.
The Bench observed that the State’s course of action conforms to fairness, reasonableness, and due process.
State’s Eviction Mechanism Explained
According to the affidavit filed by the State of Assam, authorities follow a structured process:
- After issuing eviction notices, officials place the matter before a Joint Committee of forest and revenue authorities.
- The Committee provides a hearing to occupants.
- Occupants may produce evidence supporting their claims.
- Authorities undertake removal only after confirming encroachment.
- Officials issue a speaking order granting 15 days to vacate unauthorised occupation.
The Supreme Court accepted this framework as containing sufficient safeguards.
Court Highlights Ecological Importance of Forests
The Bench emphasised the ecological significance of forests in India.
It stated that forests are not merely land banks or timber repositories. Instead, they function as complex ecological systems essential for environmental balance.
The Court noted that forests:
- Regulate climate
- Preserve biodiversity
- Recharge groundwater
- Prevent soil erosion
- Act as natural carbon sinks
The Bench warned that encroachment on forest land remains one of the most serious threats to environmental governance in India.
Background of the Litigation
The order arose from six connected Special Leave Petitions filed by occupants challenging a Gauhati High Court judgment. That judgment upheld eviction proceedings initiated in the Doyang, South Nambar, Jamuna Madunga, Barpani, Lutumai and Gola Ghat reserved forests.
The dispute began when approximately 59 individuals approached the High Court against notices dated July 24, 2025, directing them to vacate within seven days.
The occupants argued that the State violated:
- Section 18(2) of the Assam Land and Revenue Regulation, 1886
- The Assam Land Policy, 2019
- Guidelines issued by the Supreme Court on November 13, 2024
They also contended that authorities failed to clearly demarcate whether the land was revenue land or forest land.
A Single Judge extended the seven-day window for raising claims. Appeals followed, with occupants alleging that the State evicted them without following due procedure, despite prior allotments under government schemes.
Proceedings Before the Gauhati High Court
Before the Division Bench, the Advocate General submitted that nearly 29 lakh bighas of reserved forest land were affected by encroachment. He stated that the State had cleared more than one lakh bighas.
The occupants argued that public statements by the Chief Minister describing certain residents as “encroachers” created apprehension of policy-driven hostility.
On August 5, 2025, the Division Bench ordered status quo and allowed occupants to produce records.
On August 18, 2025, the State filed an affidavit from the Principal Chief Conservator of Forest and Head of Forest Force, Assam. The affidavit alleged commercial cultivation of betel-nut trees, fisheries, and shops within forest land. Authorities dismantled commercial structures during the drive.
The High Court expressed concern and stressed the need to restore effective State mechanisms to prevent infiltration.
Occupants later produced allotment letters. However, the Division Bench found that those allotments related to Merapani Gaon Panchayat, not reserved forest land.
The High Court upheld the Single Judge’s order and directed the State to grant a 15-day period before eviction. It also directed the Government to frame regulations preventing future encroachments.
Proceedings Before the Supreme Court
When the Special Leave Petitions were filed, a Bench comprising Justice P. S. Narasimha and Justice Atul S. Chandurkar issued notice and ordered status quo.
The present order was delivered by Justices P. S. Narasimha and Alok Aradhe.
Case Details
Case Title:
Abdul Khalek v. The State of Assam
SLP (C) Nos. 23647–23648 of 2025 and connected matters
Appearances:
Senior Advocates Chander Uday Singh, Huzefa Ahmadi, Rauf Rahim, and Indira Jaising, assisted by Advocates Adeel Ahmed (AOR), Abdur Razzaque Bhuyan, and Giasuddin Ahmed, appeared for the petitioners.
Solicitor General Tushar Mehta appeared for the State of Assam, assisted by Advocates Shuvodeep Roy and Diksha Goswami.
