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2026 Supreme(Online)(Gau) 7864

HIGH COURT OF GAUHATI
N. Unni Krishnan Nair, J
Mir Hussain – Appellant
Versus
State Of Assam – Respondent
WP(C)/1633/2026



Advocates:
For the Appellants/Petitioners: A R Bhuyan, S Laskar, N A Mazarbhuiya, N Z Choudhury
For the Respondents:P N Goswami (Addl. AG), N Das (Govt. Advocate)

The occupation of notified reserve forest land is prohibited, and administrative welfare documents (Ration Cards, Voter IDs, etc.) cannot confer title or legal right to occupy such lands; eviction procedures must strictly follow the procedural safeguards and verification standards laid down by the Supreme Court.

Headnote:(A) Environment and Forest Law - Encroachment in Reserve Forest - Removal of unauthorised occupants - Procedure - Supreme Court mandate - Committee to be formed by Forest and Revenue officials - Notice to be issued to occupants to prove right of occupation - Speaking order to be passed after verification - Field verification with GPS coordinates establishes encroachment - Documents like Aadhar, Voter ID, Ration Card, electricity bills, and Job Cards do not confer title or authority to occupy forest land - Eviction upheld based on procedural compliance with Supreme Court decision.

(B) Interim Relief - Prima facie case - Burden of proof - Onus is on the occupants to prove authorized occupation - Mere issuance of welfare scheme benefits does not convert forest land into revenue land - Stay of eviction order rejected in public interest. (Paras 6, 9, 13, 16, 17, 23, 25, 26).

Facts of the case:
The petitioners, residents claiming occupation of land in district Hojai, received notices for eviction from reserve forest land. Following an earlier Supreme Court direction (SLP No. 23647-23648/2025), a District Level Committee verified the claims, found the occupants to be in encroached forest land via GPS surveys, and issued speaking orders for vacation. The petitioners challenged this on the grounds of administrative welfare benefits previously extended to them.

Findings of Court:
The court observed that the Committee followed mandatory procedures laid down by the Supreme Court. The petitioners failed to demonstrate legal authorization to occupy notified forest land. The court held that administrative documents (Ration cards, PMAY, etc.) do not confer land title or override the forest status of the land.

Issues: Whether the District Level Committee complied with the procedural fairness mandated by the Supreme Court and whether welfare documentation confers a right to occupy forest land.

Ratio Decidendi: The court maintained that when evidence (GPS coordinates) proves land falls within a notified Reserve Forest boundary, welfare-related administrative identity documents are insufficient to establish legal title or right to occupation.

Result: Prayer for interim stay rejected; Writ petition proceedings ongoing.

Table of Content
1. procedural background and constitution of the district level committee. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. petitioners' arguments regarding administrative evidence and lack of demarcation. (Para 10 , 11 , 12 , 13 , 14 , 15)
3. respondents' arguments on forest regulation compliance and field survey evidence. (Para 16 , 17)
4. reiteration of mandated procedural safeguards by the supreme court in land encroachment cases. (Para 18 , 19 , 20)
5. court's validation of the committee's verification process and findings regarding occupancy. (Para 21 , 22 , 23 , 24 , 25)
6. denial of interim relief based on environmental necessity and pending final adjudication. (Para 26 , 27 , 28 , 29 , 30)

ORDER

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 Pub 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

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