Guwahati, Feb 11: The Supreme Court on February 10 permitted the Assam government to constitute a committee to identify unauthorised occupants in the Doyang Reserved Forest and adjoining villages in Golaghat district, while directing that due process be followed before any eviction.
Observing that forests are among the country’s most vital natural resources, the apex court said encroachment on forest land remains a serious challenge to environmental governance. The bench directed that the proposed committee issue notices to alleged unauthorised occupants and provide them an opportunity to explain their occupation before any action is taken.
The court clarified that eviction proceedings may be initiated only if encroachment is established. If the land in question falls within revenue limits and outside the notified forest area, the revenue department will decide the appropriate course of action. However, if unauthorised occupation is found within a reserve forest, a speaking order must be passed and served on the occupant, granting 15 days to vacate.
The bench further directed that removal of occupants should take place only after the expiry of the 15-day notice period and asked all parties to maintain status quo until a speaking order is issued and the notice period lapses.
The court observed that occupation within a gaon panchayat located in a forest area may be permissible if supported by valid proof, including entries in the jamabandi register maintained by the forest department or documents recognised under the Forest Rights Act.
Emphasising procedural fairness, the bench said eviction must adhere to principles of fairness, reasonableness and due process. The order was passed on a plea filed by Abdul Khaleq and other affected families challenging earlier eviction notices, which had directed them to vacate within seven days.
According to the Assam government, the forest areas were notified as reserve forests in 1887 and 1898 under the Forest Acts then in force, and the land under occupation falls within those limits. The Supreme Court’s order allows the identification process to proceed while ensuring that no eviction takes place without compliance with legal safeguards.
