SC Allows Assam Panel to Probe Doyang Reserved Forest Encroachment in Golaghat

Recognising forests as one of the country’s most vital natural assets, the Supreme Court on Tuesday permitted the Assam government to constitute a joint committee of forest and revenue officials to examine cases of alleged unauthorised occupation in the Doyang Reserved Forest and adjoining villages in Golaghat district.

A Bench comprising Justices P.S. Narasimha and Alok Aradhe observed that illegal occupation of forest land has emerged as a serious concern for environmental governance across India. At the same time, the court emphasised that any action taken by the authorities must strictly follow due process and ensure fairness to affected individuals.

Under the court’s directions, the proposed committee will first issue notices to individuals suspected of occupying forest land without legal entitlement. Those served with notices will be allowed to submit documents or other evidence to establish their lawful right over the land in question.

The Bench clarified that eviction proceedings would be initiated only if the committee conclusively determines that the land falls within the boundaries of a notified reserved forest. If, however, the land under occupation is found to lie outside the forest boundary, but within revenue limits, the matter will be referred to the revenue department for further action in accordance with law.

The court further directed that in cases where unauthorised occupation is established within a reserved forest area, the authorities must pass a reasoned or “speaking” order explaining the basis of their decision. Such an order must be served on the concerned individual, granting them 15 days to vacate the land voluntarily. Eviction, the court said, may be carried out only after the expiry of this notice period.

Importantly, the Bench ordered that the status quo be maintained in respect of the disputed land until a final order is issued and the 15-day notice period concludes. This, the court noted, is necessary to ensure procedural fairness and prevent arbitrary action.

Clarifying the legal position regarding village institutions, the court observed that occupation by a gaon panchayat within forest land may be permissible if supported by adequate documentary evidence, such as entries in the Jamabandi register maintained by the forest department or rights recognised under the Forest Rights Act.

The judges expressed satisfaction with the mechanism proposed by the Assam government, stating that it incorporates sufficient procedural safeguards. In their view, the process outlined by the state aligns with the principles of fairness, reasonableness, and due process under law.

The order came in response to petitions filed by Abdul Khaleg and several other families who had challenged eviction notices issued by the forest department. The petitioners had argued that the eviction drive was arbitrary and that they were entitled to remain on the land.

The Assam government, on its part, maintained that the petitioners were occupying land within the Doyang Reserved Forest without any legal authority. According to the state, the forest areas in question were formally notified as reserved forests as far back as 1887 and 1898 under the forest laws then in force.

Earlier, the forest department had served eviction notices directing the occupants to vacate the land within seven days. The Supreme Court’s order now lays down a structured procedure to verify claims and determine the legality of occupation before any coercive steps are taken.

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