Guwahati (Assam) [India], June 10 (HBTV): The Guwahati High Court has reaffirmed the constitutional obligation of the Assam government to remove encroachments from reserved forests and protect the environment, while granting alleged encroachers 30 days to vacate forest land in a significant judgment concerning reserved forest areas in the state.
A single-judge bench of Justice Devashis Baruah delivered the verdict in a batch of petitions challenging speaking orders issued against alleged encroachers in reserved forests, including Lutumai and Barpani Reserved Forests.
The court observed, ‘It is the constitutional obligation cast upon the State to protect and improve the environment and to safeguard the forests and wildlife.’
It granted the petitioners 30 days to remove their belongings and make alternative arrangements, and directed the state government, district administration, police and forest officials to take necessary steps to evict them if they fail to vacate within the stipulated period.
The court also directed the Managing Director of Assam Power Distribution Company Limited (APDCL) to disconnect electricity connections of encroachers after the expiry of the 30-day deadline.
In its order, the court held that diversion of reserved forest land for non-forest purposes such as schools, hospitals, anganwadis, fair price shops, roads, electric and telecommunication lines, and community centres is not permissible unless approved under law. It directed the Chief Secretary of Assam to take appropriate steps regarding facilities operating within the identified forest areas.
It further directed that cleared land must not be used for any non-forest purpose and that the Forest Department ensure reforestation of the areas.
The case stemmed from a writ petition filed by 89 petitioners from villages in Hojai and Nagaon districts. They claimed long-standing residence in the area with the knowledge and permission of authorities and submitted identity documents in support of their claim.
According to the petition, the Divisional Forest Officer of Nagaon Forest Division had issued notices in October 2025 directing occupants of the Lutumai Reserved Forest to vacate. The petitioners later approached the High Court, which had earlier directed authorities to consider their representations through speaking orders.
Assam Additional Advocate General Parangam Goswami said the court accepted the state’s submissions and reiterated that reserved forest land cannot be diverted for non-forestry purposes.