Guwahati (Assam) [India], June 10 (ANI): The Guwahati High Court has reaffirmed the constitutional obligation of the Assam government to remove encroachments from reserved forests and protect the environment, while granting alleged encroachers 30 days to vacate forest land in a significant judgment concerning reserved forest areas in the state.
A single-judge bench of Justice Devashis Baruah delivered the verdict in a batch of petitions challenging speaking orders issued against alleged encroachers in reserved forests, including Lutumai and Barpani Reserved Forests.
“It is the constitutional obligation cast upon the State to protect and improve the environment and to safeguard the forests and wildlife,” the court observed.
The court granted the petitioners 30 days to remove their belongings and make alternative arrangements. It directed the state government, district administration, police and forest officials to take steps to remove the petitioners from the reserved forests if they fail to vacate within the stipulated period.
The court also directed the Managing Director of Assam Power Distribution Company Limited (APDCL) to disconnect electricity connections of the petitioners and other encroachers against whom speaking orders have been passed, after the expiry of 30 days.
In its order, the court observed that diversion of land within reserved forests for non-forest purposes such as schools, hospitals, anganwadis, fair price shops, roads, electric and telecommunication lines, and community centres is not permissible unless approved in accordance with law. It directed the Chief Secretary of Assam to take appropriate steps regarding facilities operating within the reserved forest areas identified in the judgment.
The court further directed the Chief Secretary to ensure that land cleared of encroachments is not used for any non-forest purpose and that the Forest Department undertakes effective reforestation measures.
The case arose from a writ petition filed by 89 petitioners residing in villages across Hojai and Nagaon districts. The petitioners claimed they had been residing in the areas with the knowledge and permission of state authorities and relied on documents such as Aadhaar cards, voter identity cards, ration cards and job cards to support their claims.
According to the petition, the Divisional Forest Officer of Nagaon Forest Division had issued notices in October 2025 directing residents occupying land within the Lutumai Reserved Forest to vacate. The petitioners subsequently approached the High Court, which had earlier directed authorities to consider their representations through speaking orders.
Reacting to the verdict, Assam Additional Advocate General Parangam Goswami said the court had accepted the state’s submissions and reiterated that reserved forest land cannot be diverted for non-forestry purposes. (ANI)
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