Supreme Court Approves Assam's Plan to Clear Forest Encroachments
The Supreme Court has given its approval to the Assam Government's initiative to clear encroachments from 3,62,082 hectares of forest land. In a significant judgment delivered on Tuesday, the top court emphasized that the state's proposed course of action includes sufficient procedural safeguards to ensure fairness and due process.
Judicial Endorsement of Eviction Drive
A bench comprising Justices P.S. Narasimha and Alok Aradhe stated, "In our opinion, the course of action to be adopted by the State Government while 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." The court further noted that Solicitor-General Tushar Mehta assured that the state's mechanism would be implemented objectively and fairly during the removal of unauthorized occupations in reserved forests.
Background of the Case
The judgment arose from petitions and appeals filed by residents of villages located in Doyang, South Nambar, Jamuna Madunga, Gola Ghat, and other reserved forests. These individuals had received eviction notices from the state forest department, which cited them as unauthorized occupants of reserved forest land. The appellants argued that they and their ancestors have been residing in these villages for over 70 years, possessing ration cards, Aadhaar, and other identity documents issued by state agencies.
State Government's Proposed Mechanism
During the hearings, the Assam Government submitted an affidavit outlining its plan to constitute a committee comprising forest and revenue officials. This committee will provide occupants with an opportunity to present evidence demonstrating their right to occupy the land. Eviction actions will only proceed if it is confirmed that encroachments exist within the reserved forest areas.
Constitutional and Environmental Considerations
In its ruling, the Supreme Court highlighted the critical role of forests in maintaining ecological balance, stating that "encroachment upon forest land has emerged as one of the gravest challenges confronting environmental governance in the country." The court referenced constitutional obligations, noting that Article 51A(g) imposes a fundamental duty on every citizen to protect and improve the natural environment, including forests. It emphasized that environmental protection must be pursued through lawful means, without arbitrary actions, and that the Constitution requires both environmental conservation and the rule of law to coexist and reinforce each other.
This decision underscores the judiciary's support for balanced approaches to environmental governance, ensuring that eviction drives are conducted with procedural integrity while addressing the urgent need to preserve forest ecosystems.
