Court directs Forest Department to strictly follow Abdul Khalek judgment procedures for eviction, declaring prior notices redundant
The Gauhati High Court today delivered a significant ruling in the writ petition filed by fifteen petitioners challenging eviction notices issued by the Forest Department of Assam concerning the South Nambar Reserved Forest. The Court emphasized that any action against unauthorized occupants in reserved forests must adhere strictly to the procedural safeguards and directions established by the Supreme Court in the landmark case Abdul Khalek v. State of Assam (2026).
The petitioners had received eviction notices dated July 24, 2025, directing them to vacate the South Nambar Reserved Forest on grounds of unauthorized occupation. However, subsequent to the notices and during the pendency of the writ petition, the Supreme Court of India adjudicated the Abdul Khalek case, which laid down a detailed and structured mechanism for eviction proceedings in reserved forests. This includes the constitution of a committee comprising forest and revenue officials, issuance of notices affording the alleged encroachers an opportunity to present evidence, scrutiny of claims, and issuance of speaking orders before eviction.
The Gauhati High Court, presided over by Justice Devashis Baruah, observed that the earlier notices issued to the petitioners became redundant in light of the Supreme Court's directions. The Court underscored that any further action by the Forest Department must strictly conform to the procedural safeguards of fairness, reasonableness, and due process as mandated by the Supreme Court. It was noted that if compliance with these directions had already been carried out during the pendency of the petition, no further steps would be necessary.
Justice Baruah also highlighted the procedural history wherein the speaking orders issued by the Forest Department in accordance with the Abdul Khalek guidelines had been challenged and upheld by this Court and subsequently affirmed by the Supreme Court. This reinforced the validity and binding nature of the procedural safeguards.
The Court disposed of the writ petition with clear directions that no eviction or removal action should be undertaken without following the Supreme Court's prescribed process, ensuring that the rights of the occupants are protected through proper notice, opportunity to be heard, and reasoned speaking orders. No costs were imposed in the matter.
This ruling reiterates the judiciary's insistence on adherence to due process in forest eviction cases, balancing the need for environmental protection with the rights of individuals in forest areas. The Forest Department has been reminded to act within the legal framework established by the highest courts to maintain fairness and legality in eviction proceedings.
Bottom Line:
Reserved Forest Encroachment - Action against unauthorized occupants in reserved forests must adhere to the procedural safeguards and directions established by the Supreme Court in Abdul Khalek v. State of Assam, ensuring fairness, reasonableness, and due process.
Statutory provision(s):
Constitution of India - Article 32 (Writ Jurisdiction), Forest Rights Act, 2006, Forest Conservation Act, 1980
Yunus Ali v. State of Assam, (Gauhati) : Law Finder Doc Id # 2975069
