GUWAHATI: The Gauhati High Court has reaffirmed the Assam government's authority and constitutional responsibility to remove encroachments from reserved forest areas, while granting alleged encroachers a 30-day period to vacate the land before the eviction process begins.
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The ruling was delivered by a single-judge bench of Justice Devashis Baruah in a batch of petitions challenging speaking orders issued against individuals accused of illegally occupying land in reserved forests, including the Lutumai and Barpani Reserved Forests.
Emphasising the state's environmental obligations, the court observed that protecting forests and wildlife is a constitutional mandate.
"It is the constitutional obligation cast upon the State to protect and improve the environment and to safeguard the forests and wildlife," the court noted in its judgment.
While dismissing the challenges raised by the petitioners, the court provided a 30-day window for occupants to remove their belongings and arrange alternative accommodation. It further directed the state government, district administration, police authorities and forest officials to carry out eviction drives if the occupants fail to vacate the forest land within the stipulated period.
The court also ordered the Assam Power Distribution Company Limited (APDCL) to disconnect electricity connections of the petitioners and other encroachers against whom speaking orders have already been issued once the 30-day deadline expires.
The judgment additionally addressed the issue of infrastructure and public facilities operating within reserved forest areas. The court stated that the use of reserved forest land for non-forest purposes—including schools, hospitals, anganwadi centres, fair price shops, roads, electricity infrastructure, telecommunication facilities and community halls—cannot continue without the necessary statutory approvals.
Accordingly, the Chief Secretary of Assam has been directed to examine such establishments identified in the judgment and take appropriate action in accordance with the law.
The court further instructed the state government to ensure that land recovered from encroachment is not diverted for non-forest activities and that the Forest Department undertakes effective reforestation and restoration measures in the cleared areas.
The case stemmed from a writ petition filed by 89 residents from villages in Hojai and Nagaon districts. The petitioners contended that they had been residing on the land with the knowledge and tacit approval of government authorities, citing documents such as Aadhaar cards, voter identity cards, ration cards and job cards as evidence of their long-term residence.
According to court records, the Divisional Forest Officer of the Nagaon Forest Division had issued notices in October 2025 directing occupants of land within the Lutumai Reserved Forest to vacate the area. Following an earlier round of litigation, the High Court had instructed authorities to consider the representations submitted by the residents and pass reasoned speaking orders, which later became the subject of the present challenge.
Reacting to the verdict, Assam Additional Advocate General Parangam Goswami said the court had accepted the state's submissions and reiterated that reserved forest land cannot be diverted for non-forestry purposes without due legal approval.