Supreme Court outlines measures for removal of ‘encroachers’ from Assam RFs

Staff Reporter

GUWAHATI: A division bench of the Supreme Court of India comprising Justice P.S. Narasimha and Justice Alok Aradhe substituted and modified orders of the Gauhati High Court while disposing of several writ petitions relating to ‘encroachment of reserve forest (RF) lands in Assam’. The apex court also spelt out a mechanism for making reserve forest and revenue lands free from encroachers.

The bench of the Supreme Court outlined the following measures based on the government’s policy decision to remove unauthorised occupation from the reserve forest: (i) The respondents (authorities in the Assam government) shall constitute a committee comprising forest officials and the revenue officials.

(ii) The said committee shall issue notice to the alleged unauthorised occupants and shall give them an opportunity to adduce evidence to show that they have the right to occupy the land which is in their possession.

(iii) The action for removal of encroachment shall be taken only if it is found that there is an encroachment in the reserved forest area.

(iv) In case the noticee is found to be within the revenue limits, outside the notified forest area, the details of the noticee shall be sent to the revenue department. In such cases, the revenue department shall decide the future course of action.

(v) The action is being taken by the state to remove encroachment from the reserved forest areas and has nothing to do in respect of the matters which may be referred to the revenue department.

(vi) If an unauthorised occupation is found in a reserved forest area, after scrutiny of the documents, a speaking order shall be passed and shall be served on the concerned person, giving him 15 days’ notice to vacate the unauthorized occupation and only after expiry of the period of notice shall the action be taken to remove the unauthorised occupants.

(vii) Occupation of a gaon panchayat in a forest is permissible if there is sufficient proof as per the Jamabandi Register maintained by the Forest Department or as provided under the Forest Rights Act.

“In our opinion, the state government’s course of action for removing the encroachment from the reserved forest contains sufficient procedural safeguards. The process sought to be adopted by the state government for removal of encroachment conforms to the principles of fairness, reasonableness and due process. Learned Solicitor General has assured us that the mechanism evolved by the State shall be complied with objectively and with fairness while taking action for removal of unauthorised occupation in the reserved forests. The parties are directed to maintain the status quo in respect of land in the occupation of the appellants/writ petitioners until a speaking order is passed and until the expiry of the notice period of 15 days. All contentions are kept open to be agitated before the committee. It is clarified that this Court has not expressed any opinion on the merits of the parties’ claims, as the same has to be examined by the committee,” the bench said.

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