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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Abdul Kadir And Ors. S/o Ain Uddin – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. challenge to eviction notice by petitioners. (Para 2 , 3 , 6) |
| 2. petitioners advised to file separate petitions. (Para 4 , 10) |
| 3. background on notices issued by forest department. (Para 8 , 9) |
| 4. supreme court's directions on removal process. (Para 11 , 12 , 13 , 14) |
| 5. directions on maintaining status quo. (Para 15 , 16 , 18) |
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the Petitioners and Mr. M. R. Adhikari, the learned CGC appearing on behalf of the Respondent No.1. I have also heard Mr. D. Gogoi, the learned Standing counsel appearing on behalf of the Respondent Nos. 2, 3, 5 and 6; Ms. P. R. Mahanta, the learned Standing counsel appearing on behalf of the Respondent No.4; Mr. S. S. Roy, the learned Standing counsel appearing on behalf of the Respondent Nos. 7 to 10.
2. One hundred thirty-three (133) writ Petitioners joined together to file the instant writ petition challenging the notice dated 08.12.2025 issued by the Respondent Authorities and further seeking that the Respondent Authorities be restrained from disturbing the peaceful possession of the Petitioners and carrying out any demolition or evicti
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 court established that eviction processes in reserved forests must comply with procedural safeguards, allowing occupants an opportunity to contest their status before removal.
Vacating unauthorized occupation from reserved forest must follow fair procedure; statutory rights of occupants must be considered.
Eviction from reserved forest land must comply with procedural safeguards ensuring fairness and reasonableness as mandated by higher court directives.
The judgment emphasizes that eviction from reserved forest land must adhere to procedural safeguards ensuring fairness, as directed by the Supreme Court.
Due process must be followed in eviction actions from forest land, providing occupants the opportunity to prove lawful possession before enforcement.
Eviction of encroachers from reserved forest land requires lawful notice detailing specific land claims and adherence to principles of natural justice.
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