The Supreme Court has allowed the state government to form a special committee to identify people who may be living illegally in the Doyang Reserved Forest and nearby villages in Golaghat district. At the same time, the court clearly said that no one should be removed from the land without following proper legal procedures and giving people a fair chance to explain their case.
The Supreme Court observed that forests are among the country’s most valuable natural resources and protecting them is very important for environmental balance. The court said that illegal occupation of forest land has become a serious challenge across the country and therefore identification of such occupation must be done carefully and lawfully.
According to the court’s directions, the committee formed by the Assam government will first identify suspected unauthorised occupants and then issue formal notices to them. These notices will give the people concerned an opportunity to present their documents or explain why they are living on the land. The court stressed that eviction should not be carried out automatically. Action can be taken only if it is clearly established that the land is encroached forest land.
The court also laid down clear steps for the authorities to follow. If, during verification, the land is found to fall within revenue areas and not within the notified forest boundary, then the revenue department will decide the next course of action. However, if the land is confirmed to be part of the reserved forest and the occupation is found to be illegal, officials must issue a written and reasoned order, often called a “speaking order,” to the occupants. After this order is served, the affected persons must be given at least 15 days’ time to vacate the land.
The bench further directed that eviction or removal of occupants should take place only after the notice period is completed. Until such orders are passed and the notice period expires, all parties must maintain status quo on the land. This means no forced eviction or sudden action should take place during the verification and legal process.
The Supreme Court also clarified that in some cases, the presence of a village or gaon panchayat inside a forest area may be considered valid if proper documentary evidence exists. Such proof may include entries in official land records, including jamabandi registers maintained by the forest department, or documents that are recognised under the Forest Rights Act. Authorities have been instructed to examine these documents carefully before reaching any conclusion.
The case came before the Supreme Court after a petition was filed by Abdul Khaleq and several other families who had challenged eviction notices issued earlier by the forest department. These notices had directed them to vacate the land within seven days. The petitioners argued that they should be given a fair hearing and an opportunity to present their claims before any eviction was carried out.
During the hearing, the Assam government informed the court that the areas in question had already been notified as reserved forests in the years 1887 and 1898 under the forest laws that were in force at that time. According to the government, the land currently under occupation falls within these notified forest boundaries.
While allowing the state to continue the process of identifying encroachments, the Supreme Court strongly emphasised the need for fairness, reasonableness, and proper legal procedure. The bench said that the government must adopt adequate safeguards while dealing with encroachment cases so that genuine claimants are not treated unfairly and environmental protection is also ensured.