Gauhati High Court Orders people to Vacate Lutumari Reserve Forest Within 30 Days

Guwahati: The Gauhati High Court has directed settlers living inside the Lutumari Reserve Forest in Nagaon district to remove their belongings and make alternative arrangements within 30 days. The court stated that if they fail to comply, the administration must take steps to evict them from the reserve forest.

The court also instructed the Assam Power Distribution Company Limited (APDCL) to disconnect electricity connections in that area after thirty days.

Delivering the order while disposing of a petition filed by a group of settlers, a bench led by Justice Devashis Baruah held that the petitioners had failed to establish that they qualified as Forest Dwelling Scheduled Tribes or Other Traditional Forest Dwellers under the Scheduled Tribes and Other Traditional Forest Dwellers -Recognition of Forest Rights Act, 2006.

The court observed that identity documents such as Aadhaar cards, voter identity cards, names appearing on electoral rolls, electricity connections and certificates issued by panchayat authorities do not confer any legal right to reside within a reserve forest.

In its statement, the court  stated that environmental protection and forest conservation are matters of public interest that take preference over I person claims to occupy protected forest land.

“The right to protect the environment and safeguard forests and wildlife falls within the realm of public rights, and these rights outweigh the private rights of the petitioners to reside within reserve forests,” the court said. It further noted that the State has a constitutional duty to protect and improve the environment and preserve forests and wildlife, adding that the eviction measures are in line with the objectives outlined under Article 48A of the Constitution.

The High Court also made it clear that land within reserve forests cannot be diverted for non-forest activities such as schools, dispensaries, hospitals, Anganwadi centres, fair price shops, roads, community centres, electricity infrastructure or telecommunication facilities unless approval for such diversion is granted by the Central Government.

Moreover, the court also directed the Chief Secretary of Assam to ensure that the Forest Department does not allow the use of land cleared of encroachments for any non-forest purpose. The Chief Secretary has also been instructed to ensure that effective reforestation measures are undertaken on land reclaimed from encroachers.

The ruling is expected to have significant implications for forest conservation efforts and the management of encroachments in protected forest areas across the state.

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