Supreme Court gives permission to Assam to remove encroachment from 3.62 lakh hectares of forest land

The Supreme Court on Tuesday (February 10) allowed the Assam government to proceed with its plan to remove encroachment from 3,62,082 hectares of reserved forest land. The top court said that the procedure adopted by the state government involves adequate safeguards and is in accordance with fairness, reasonableness and procedure established by law.

Justice P.S. Narasimha and Justice Alok Aradhe said, “In our opinion, the methodology adopted by the State Government while removing encroachments from the reserved forests involves adequate procedural safeguards. The procedure adopted by the State Government for removing encroachments is in accordance with the principles of fairness, reasonableness and procedure established by law.”

The court also recorded that Solicitor General Tushar Mehta has assured that the mechanism developed by the state will be operated with objectivity and impartiality. “The Solicitor General has assured us that the mechanism developed by the State will be followed in an objective and impartial manner while taking action to remove unauthorized encroachment in reserved forests,” the bench said.

The decision came on petitions and appeals filed by residents of villages located in Doyang, South Nambar, Jamuna Madunga, Golaghat and other reserve forests. The state forest department had issued eviction notices to the petitioners saying they were in unauthorized occupation of reserved forest land. Petitioner Abdul Khaliq and others claimed that they and their ancestors have been living in these villages for more than 70 years and have ration cards, Aadhaar and other identity cards issued by state agencies.

Assam the government has Told the court that about 19.92% of the forest area in the state is under encroachment. The government said a policy decision has been taken to remove all unauthorized encroachments from the reserved forests and restore the land through afforestation and conservation measures. The state also filed an affidavit stating that a committee of forest and revenue officials would be constituted to investigate each case.

During the hearing, the state government filed an affidavit saying that it will constitute a committee of forest and revenue officials, which will give the encroachers an opportunity to present evidence related to the rights they have over the land. The government said action would be taken only if it is found that the land concerned actually falls under encroachment in the reserved forest area.

In its judgment, the Supreme Court underlined the importance of forests in maintaining ecological balance, saying, “Encroachment on forest land has emerged as one of the most serious challenges facing environmental governance in the country.”

The court further said, “The Constitution casts a clear and undeniable obligation on the State to protect forests and the environment… Article 51A(g) of the Constitution imposes a fundamental duty on every citizen to protect and improve the natural environment, including forests. These constitutional provisions reflect the collective responsibility of both the citizens and the State to prevent, regulate and remedy environmental damage.”

However, the top court also made it clear that environmental protection actions should be taken only within the ambit of law. The judgment said, “At the same time, the constitutional rule demands that environmental protection be achieved through lawful means. The order to remove encroachment from forest land does not permit arbitrary action. The Constitution does not envisage a choice between environmental protection and the rule of law; rather it requires that both co-exist and reinforce each other.”

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