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2026 Supreme(Online)(Gau) 7854

HIGH COURT OF GAUHATI
N. Unni Krishnan Nair, J
Abdul Khalek – Appellant
Versus
State Of Assam – Respondent
WP(C)/1615/2026



Advocates:
For the Appellants/Petitioners: A R Bhuyan, N Z Choudhury, N A Mazarbhuiya, S. Alom, S Laskar
For the Respondents: GA, Assam, SC, Forest, SC, Revenue

Possession of government welfare documents or administrative village recognition does not confer title over forest land. Eviction from reserved forests is justified when authorities strictly follow established procedures, including due verification of geographical boundaries and providing a fair opportunity for occupants to prove legal entitlement.

Headnote:(A) Constitution of India - Article 32 and Article 243 - Forest Laws - Assam State Forest Regulation, 1891 - Removal of encroachment from reserve forest - Procedure mandated by Court includes constitution of joint committee of revenue and forest officials, issuance of notice to alleged encroachers to adduce evidence, field verification using GPS/ground survey, and passing of reasoned speaking order. (Paras 19, 21, 23)

(B) Principles of Natural Justice - Administrative Law - Requirement of affording opportunity to prove right of occupation - Adducement of identity or welfare scheme documents like ration cards or electoral rolls does not automatically confer title or authorize possession within notified forest land. (Paras 16, 23, 25)

Facts of the case:
The petitioners challenged an eviction order issued by a committee constituted to remove forest encroachments. The petitioners claimed they were occupying revenue land, citing their inclusion in a local governance body and possession of various government-issued identity documents and welfare benefits. The State authorities contended that field verification using modern surveying tools confirmed the occupations fell within the notified boundaries of a reserve forest.

Findings of Court:
The court observed that the committee followed the procedural safeguards dictated by the apex court, including joint field verification and an opportunity for the occupants to produce evidence. The court found that documents relating to personal identity or welfare schemes do not establish legal title over forest land and that there was no prima facie case to stay the eviction given the environmental interest in preventing forest degradation.

Issues: Whether the occupation of land fell within a notified reserve forest and whether the statutory procedure for verifying the claims of unauthorized occupants was duly followed by the administrative committee.

Ratio Decidendi: Mere possession of welfare scheme documents or inclusion in administrative village jurisdictions does not override the statutory status of reserved forest land. Eviction is legally sustainable when administrative authorities follow established due process, including ground-level boundary verification through GPS coordinates and provide occupants a fair opportunity to furnish evidence of title.

Result: Interim relief rejected.

Table of Content
1. procedural background of administrative eviction of forest encroachment. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. petitioners' contention that government welfare scheme benefits establish lawful possession. (Para 10 , 11 , 12 , 13 , 14 , 15)
3. respondents' defense regarding gps-verified forest boundary encroachment. (Para 16 , 17)
4. application of supreme court-mandated procedural compliance for eviction. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24)
5. assessment of interim stay based on prima facie forest encroachment findings. (Para 25 , 26 , 27 , 28 , 29 , 30)

Heard Mr. A.R. Bhuyan, learned counsel appearing for the writ petitioner. Also heard Mr. P.N. Goswami, learned Addl. AG, Assam appearing for the respondents.

2. The present writ petition is being filed challenging the order dated 07-03-2026, issued in respect of each of the writ petitioners, by the Divisional Forest Officer, Golaghat Forest Division-cum-Member Secretary, District Level Committee for Removal of Forest Encroachment, directing each of the petitioners to vacate the plot of land under their unauthorized occupation in the reserve forest involved.

3. The petitioners in the present writ petition have projected that they are residing in No. 2, Negheribill, Gelaja and Rajapukhuri village in the district of Golaghat for a substantial period of time. The petitioners were issued with show-cause notices dated 21-07-2025 and 24-07-2025 directing them to vacate the land in their possession within 07 (seven) days. Being aggrieved the petitioners have approached this Court by way of filing the present writ petition.

4. A Coordinate Bench of this Court upon noticing the issue arising in the writ petition, while issuing notice, proceeded vide order dated 29-07-2025 to direct that the time period given to the petitioner to vacate the land in question be extended till 07-08-2025 and till such time no forceful eviction be carried out. It was further clarified that after 07-08-2025, the State would be within its bound to take steps for eviction and conservation of the forest land.

5. Being aggrieved the petitioners had assailed the order dated 29-07-2025, before the Division Bench of this Court by way of instituting a writ appeal being W.A. No. 251/2025. The Division Bench of this Court vide order dated 18-08-2025, gave a final consideration to the said writ appeal and upon considering the issue arising in the matter proceeded to dispose of the said writ appeal by observing that an extended period of time having been granted to the appellants to make their good their exit from the forest area, if the appellants do not leave the forest area within a period of 07 days to be counted from the date of order, the State would proceed against them for eviction.

6. Being aggrieved the petitioners, herein, had approached the Hon’ble Supreme Court by way of instituting SLP being SLP No. 23647-23648/2025 Abdul Khalek & Ors. Vs. State of Assam and Ors. The Hon’ble Supreme Court upon considering the said SLP along with the other SLPs instituted in the matter and also writ petition instituted before it under Article 32 of the Constitution of India proceeded vide order dated 10-02-2026 to dispose of the said proceeding by directing that the process of eviction be carried out complying with the procedure laid down by the Government under the policy adopted in the matter.

7. In terms of the policy noticed by the Hon’ble Supreme Court in its said order dated 10-02-2026, the respondent authorities in the Department of Environment, Forest and Climate Change, proceeded to constitute a Joint Committee of Revenue and Forest officials at the district level for examining the claims of the petitioners in the present writ petition. The terms of reference of the said Committee was also set out in the said notification dated 17-02-2026.

8. The said Committee, thereafter, on drawing a prima facie conclusion that the petitioners in the present writ petition were occupying land within a notifi

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