The onus rests upon occupants of forest land to prove legal authorization; possession of welfare-related documents like Aadhar or Ration cards does not confer legal title to forest land, and proven encroachments on reserved forests require prompt removal to uphold environmental balance.

ORDER

BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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, South Nagaon Division-cum-Member Secretary, District Level Committee, Hojai 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 Pachim Jamuna Gaon village in the district of Hojai 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 wit