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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Moinul Hoque Son Of Late Kuti Miyan – Appellant
Versus
State Of Assam – Respondent
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. A.J. Atia, the learned counsel appearing on behalf of the Petitioners. I have also heard Mr. S.S. Roy, the learned Government Advocate appearing on behalf of the respondent Nos. 1 and 6 and Mr. D. Gogoi, the learned Standing counsel appearing on behalf of the Respondent Nos. 2 to 5.
2. Thirty-six (36) writ Petitioners joined together to file the instant writ petition challenging the notice dated 12.01.2026 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 eviction in respect to their houses and residential plots at Udmari Tangia Forest Village under Jamuna Valley Range of South Nagaon Forest Division, Hojai District.
3. The case of the Petitioners herein are that they have been residing in the Udmari Tangia Forest Village under Jamuna Valley Range of South Nagaon Forest Division, Hojai District for many years. It is claimed by the Petitioners that the original pattadars through lawful and valid means have granted the Petitioners permission to reside upon the said lands and cultivate the land
The judgment emphasizes that eviction from reserved forest land must adhere to procedural safeguards ensuring fairness, as directed by the Supreme Court.
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.
Eviction from reserved forest land must comply with procedural safeguards ensuring fairness and reasonableness as mandated by higher court directives.
Vacating unauthorized occupation from reserved forest must follow fair procedure; statutory rights of occupants must be considered.
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.
Point of Law : Illegal occupants/encroachers are not entitled to any prior notice.
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.
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