Back
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KARDAK ETE
Saidul Islam S/o Abdul Awal – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
KARDAK ETE, J.
1. Heard Mr. M. Goswami, learned Senior Counsel assisted by Mr. B. M. Deka, learned counsel for the petitioners in WP(C) No. 6738/2025, and Mr. A. R. Bhuyan, learned counsel for the petitioners in WP(C) No. 6764/2025. Also heard Mr. P. N. Goswami, learned Additional Advocate General for the State respondents.
2. The petitioners have assailed the order dated 21.11.2025, passed by the Divisional Forest Officer, Nagaon Division, Nagaon, whereby the representations of the petitioners have been rejected (through identical individual orders), pursuant to the order of Division Bench of this Court dated 18.08.2025, passed in WA No. 251/2025 and WA No. 252/2025, and directed the petitioners to vacate the forest land on or before 29.11.2025, failing which eviction proceeding shall be carried out forthwith by the forest department.
3. Having considered the issues involved and the order put to challenge is identical and similar on facts and law, both these 2 (two) writ petitions are heard together and, as agreed to by the learned counsel for the parties, same are disposed of at the motion stage considering the order proposed to be passed (infra).
4. In WP(C) No. 6738/2025,
Eviction from protected land requires due process, including fair consideration of claims and supporting documents by authorities before taking action.
Natural justice requires that eviction from land, especially encroaching on forest reserves, must involve proper verification and consideration of claims made by affected parties.
The court established that evictions in reserved forests must comply with fair procedures as outlined by the Supreme Court, ensuring unauthorized occupants are granted a hearing and proper notice bef....
Eviction from reserved forest land must comply with procedural safeguards ensuring fairness and reasonableness as mandated by higher court directives.
Eviction of encroachers from reserved forest land requires lawful notice detailing specific land claims and adherence to principles of natural justice.
The court established that eviction processes in reserved forests must comply with procedural safeguards, allowing occupants an opportunity to contest their status before removal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
