Supreme Court Modifies Gauhati HC Order, Upholds Assam’s Forest Eviction Drive with Safeguards

The Supreme Court modified the Gauhati High Court’s order concerning eviction drives in Assam’s reserved forests after reviewing the Assam government’s affidavit detailing the procedures for such actions. The affidavit stipulates that a Joint Committee of forest and revenue officials will assess the legitimacy of eviction notices, ensuring that occupants can present evidence before any action is taken, with a mandatory 15-day notice for removal on established encroachment. The court upheld the procedural fairness of this approach, prompting Assam’s Chief Minister to highlight that over 1,25,326 bighas of forest land have already been freed from encroachment. The ruling favored the state in six connected cases, confirming its authority to proceed with evictions under the prescribed guidelines. However, petitioners viewed this as a moral victory, as it prevents arbitrary evictions and secures residents’ rights to contest eviction claims. The Court emphasized the critical ecological role of forests, acknowledging the challenge posed by encroachments to environmental governance. Earlier decisions by the High Court extended eviction deadlines and questioned the clarity of land classifications. The Supreme Court affirmed the necessity for clear legal criteria for eviction and reinforced the rights of traditional forest dwellers under existing laws, mandating fair implementation of the eviction process through a structured mechanism involving committee oversight and notice requirements.