Supreme Court okays Assam bid to clear forest encroachments

The judgment came on petitions and appeals by residents of villages situated in Doyang, South Nambar, Jamuna Madunga, Gola Ghat and other reserved forests.

The state forest department issued eviction notices to the appellants/petitioners on the ground that they were unauthorised occupants of reserved forest land.

The appellants/writ petitioners, however, said they and their predecessors have been residing in the villages for more than 70 years and they possessed ration cards, Aadhaar and other identity documents issued by state agencies.

During the hearing, the state government filed an affidavit saying that it will constitute a committee of forest and revenue officials which will give the occupants an opportunity to adduce evidence to show that they have the right to occupy the land in their possession.

It added that action will be taken only if it is found that there is an encroachment in the reserved forest area.

In its judgment, the Supreme Court, while underlining the significance of forests in preserving ecological balance, also said that “encroachment upon forest land has emerged as one of the gravest challenges confronting environmental governance in the country.”

It added that “the Constitution casts a clear and unequivocal obligation upon the state to protect forest and the environment… Article 51A(g) of the Constitution imposes a fundamental duty upon every citizen to protect and improve the natural environment, including forests. These constitutional provisions reflect a collective responsibility on the part of citizen as well as the State to prevent, regulate and remedy the environmental harm.”

The apex court said that “at the same time, constitutional governance demands that environmental protection be pursued through lawful means. The mandate to clear encroachments from the forest land does not authorise an arbitrary action. The Constitution does not envisage a choice between environmental protection and the rule of law; rather, it insists that both co-exist and reinforce each other.”