In relief to residents of tribal villages located in Assam’s reserved forest areas, the Supreme Court has ordered status quo on eviction of petitioner villages until verification of Jamabandi registers is completed to determine authorised occupants. The Assam government informed the court that a joint committee of Revenue and Forest officials will be constituted to examine residents’ claims.
The court said occupation of a gaon panchayat within a forest is permissible if supported by sufficient proof in the Jamabandi register maintained by the Forest Department or under provisions of the Forest Rights Act. It also noted that individuals recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 are legally authorised to occupy forest land and cannot be evicted.
A bench of Justices P.S. Narasimha and Alok Aradhe passed the directions while hearing a batch of PILs alleging mass eviction drives across districts in Assam. Petitioners argued that the actions raised constitutional concerns under Articles 14 and 21 and risked displacement of long-settled families.
The court observed that the state’s mechanism for removing encroachments includes procedural safeguards and conforms to principles of fairness, reasonableness and due process. It recorded the assurance of the Solicitor General that the process would be implemented objectively and fairly.
The procedure outlined includes formation of a committee of forest and revenue officials, issuance of notices to alleged unauthorised occupants, opportunity to present documentary proof, and eviction only after determination of encroachment. Where occupants are found outside notified forest areas, cases will be referred to the revenue department. A speaking order must be passed and a 15-day notice issued before any eviction.
The petitions relate to villages in Doyang, South Nambar, Jamuna Madunga, Barpani, Lutumai and Golaghat reserved forests. Petitioners claimed their families had lived there for over 70 years and sought structured safeguards instead of blanket eviction, citing earlier Guwahati High Court directions balancing conservation with occupants’ rights.
