Supreme Court Clears Assam's Encroachment Drive

The ruling comes against the backdrop of an intensified anti-encroachment campaign launched by the Assam government since May 2021.

The Supreme Court on Tuesday, February 10, allowed the Assam government to proceed with its plan to remove encroachments from 362,082 hectares of reserved forest land, observing that the state's proposed mechanism contains adequate safeguards and follows due process.

Justices P S Narasimha and Alok Aradhe stressed that environmental protection and the rule of law must operate together.

'The Constitution does not envisage a choice between environmental protection and the rule of law,' the judges said, adding that action to clear forest land cannot be arbitrary.

Residents challenge eviction notices

Petitions were filed by residents of villages located within the Doyang reserve forest, South Nambar reserve forest, Jamuna Madunga reserve forest, Barpani reserve forest, Lutumai reserve forest and Gola Ghat forest.

Petitioners, including Abdul Khalek and others, told the court that they and their families had lived on the land for over 70 years. They relied on Aadhaar cards, ration cards and other government-issued identity documents to claim long-standing residence. The residents challenged eviction notices issued by state authorities.

State says 19.92% forest area under encroachment

The Assam government informed the apex court that nearly 19.92% of the state's forest area is under encroachment. It said a policy decision had been taken to clear unauthorised occupation from reserved forests and restore the land through reforestation and conservation measures.

Appearing for the state, Solicitor General Tushar Mehta outlined a structured mechanism under which a committee of forest and revenue officials will examine each case. Notices will be issued to occupants, who will be given an opportunity to produce documents supporting their claims.

If the land is found to fall within notified reserved forest boundaries and documents fail to establish legal rights, a speaking order will be issued. The occupant will then be given 15 days to vacate before removal action begins.

Where land is found to be outside forest limits and within revenue jurisdiction, the matter will be referred to the revenue department.

The court accepted that this mechanism satisfies principles of fairness, reasonableness and natural justice.

Status quo till due process is completed

The Bench modified earlier directions of the Gauhati high court and declined to entertain the writ petitions. It directed that the status quo be maintained over the land in question until a speaking order is passed and the 15-day notice period expires.

Referring to Article 51A(g), the court underlined that both citizens and the State share responsibility to protect and improve the natural environment. It noted that forest encroachment has emerged as one of the biggest challenges in environmental governance in India.

1.45 lakh hectares freed in anti-encroachment drive

The ruling comes against the backdrop of an intensified anti-encroachment campaign launched by the Assam government since May 2021.

According to official figures cited by the state government, 1.45 lakh hectares of government land have been freed from encroachers over the past few years -- an area larger than the Union Territory of Chandigarh.

Major eviction operations have been carried out in districts such as Darrang, Nagaon, Hojai, Lakhimpur and Golaghat, including high-profile drives in Sipajhar and Batadrava.

The government says these efforts are aimed at reclaiming public land, protecting forest cover and restoring ecological balance through afforestation and conservation measures.

Critics, however, have raised concerns over displacement and called for adequate rehabilitation and transparent land verification processes.

With the Supreme Court endorsing the state's procedural framework, Assam is expected to continue its forest clearance and land restoration initiatives while adhering to the due process safeguards laid down by the court.

Feature Presentation: Aslam Hunani/Rediff