Supreme Court Mandates Fair Process for Eviction from Assam's Reserved Forests, Balancing Environmental Protection and Rule of Law: Supreme Court Directs Assam Government to Implement Procedural Safeguards in Forest Evictions
In a significant judgment delivered by the Supreme Court of India, the apex court has laid down procedural guidelines for the eviction of unauthorized occupants from reserved forests in Assam. The case, titled Abdul Khalek v. State of Assam, involved appellants who claimed long-standing habitation rights in various reserved forests within the state, some of whom have resided there for over seventy years.
The judgment, delivered by Justices Pamidighantam Sri Narasimha and Alok Aradhe, underscores the constitutional obligation to protect forest lands while ensuring that the rule of law is maintained. The court emphasized the importance of forests as vital ecological systems, crucial for environmental balance, and reiterated the state's duty under Articles 48A and 51A(g) of the Constitution of India to protect and improve the environment.
The court has directed the Assam government to adopt a fair and objective procedure for the removal of unauthorized encroachments from reserved forests. This includes the establishment of a committee comprising forest and revenue officials, the issuance of notices to alleged unauthorized occupants, and a scrutiny of evidence provided by them. If unauthorized occupation is confirmed, a speaking order will be served, providing a 15-day notice period to vacate the land.
Furthermore, the judgment addresses the rights of inhabitants in forest villages or Gaon Panchayats, stating that occupation within such areas is permissible if supported by evidence from the statutory Jamabandi Register or under the Forest Rights Act, 2006.
The court has directed parties to maintain status quo on the land in question until the procedural requirements are fulfilled. This decision aims to ensure that environmental protection efforts do not override principles of natural justice and due process.
The Supreme Court's ruling modifies previous orders from the Gauhati High Court and outlines a comprehensive mechanism for dealing with forest encroachments, allowing appellants and other affected parties to present their claims before the designated committee.
Bottom Line:
Reserved Forests - Procedure for removal of unauthorised encroachments from reserved forests established - Protection of environment and rule of law must co-exist.
Statutory provision(s): Articles 48A, 51A(g) of the Constitution of India, Forest Rights Act, 2006, Assam Panchayat Act, 1994
Abdul Khalek v. State of Assam, (SC) : Law Finder Doc id # 2851245
