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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Gauri Kanta Basumatary S/O. Lt. Durga Charan Basumatary – Appellant
Versus
State Of Assam Rep. By The Chief Secretary To The Govt. Of Assam, Forest Deptt., Dispur – Respondent
JUDGMENT :
Rajesh Mazumdar, J.
Heard Mr. S.K. Ghosh, learned counsel for the petitioners. Also heard Mr. D. Gogoi, learned standing counsel for the respondents in the Forest Department and Ms. N. Bordoloi, learned standing counsel for the respondent in the Revenue Department.
2. This writ petition, under Article 226 of the Constitution of India, has been preferred by 26 (twenty six) writ petitioners, raising a grievance that the respondents in the State Government have sought to initiate an eviction process against the petitioners by issuing a general notice of eviction on 01.10.2022.
3. The petitioners claim to be indigenous people having their residential houses over patta land situated in the Goalpara district adjacent to reserved forest areas. The petitioners’ grievance is that the respondents, without conducting any survey and without serving notice being served upon the petitioner as required in law, had entered into the patta land of the petitioners and destroyed the crops and houses thereon, which has led to reasonable apprehension that the respondents would evict the petitioners without following the due process of law.
4. Mr. Ghosh, learned counsel for the petitioners has subm
Point of Law : Illegal occupants/encroachers are not entitled to any prior notice.
Due process must be followed in eviction actions from forest land, providing occupants the opportunity to prove lawful possession before enforcement.
The court upheld eviction notices from Reserve Forest land, affirming the authority of the Divisional Forest Officer and denying compensation claims under the LARR Act due to illegal encroachment.
Illegal encroachment of forest land leads to loss of forest cover; legal actions initiated against encroachers under applicable forest laws.
The court upheld the principle that claims to ownership over lands designated as reserved forest cannot be established without following lawful de-reservation processes.
The court established that eviction processes in reserved forests must comply with procedural safeguards, allowing occupants an opportunity to contest their status before removal.
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....
The judgment emphasizes that eviction from reserved forest land must adhere to procedural safeguards ensuring fairness, as directed by the Supreme Court.
Eviction without proper adjudication and notice violates principles of natural justice, requiring opportunities for representation and personal hearings in the context of government land occupation.
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