The Supreme Court of India has approved the Assam government’s mechanism for identifying and removing encroachers from reserved forest lands, while ensuring fair procedures are followed. On February 10, a bench of Justice P.S. Narasimha and Justice Alok Aradhe modified a previous Gauhati High Court order based on an updated affidavit filed by the State of Assam. This affidavit detailed the process used by the government in conducting large-scale eviction drives in Doyang, South Nambar, Jamuna Madunga, Barpani, Lutumai and Gola Ghat reserved forests in Assam.

The Court passed the order in a batch of six connected Special Leave Petitions (SLPs). These petitions were filed by occupants who challenged a Gauhati High Court order that upheld eviction notices issued by the State authorities. Around 59 persons had approached the High Court against notices dated July 24, 2025, which directed them to vacate land within seven days in the reserved forests. The petitioners claimed that the actions violated Section 18(2) of the Assam Land and Revenue Regulation, 1886, the Assam Land Policy, 2019, and the guidelines laid down by the Supreme Court in its November 13, 2024 judgment. They also argued that notices were served without clearly stating whether the land was revenue land or forest land.

Under the Assam government’s mechanism, once eviction notices are issued, the matter is placed before a Joint Committee of forest and revenue officials. This committee is empowered to hear occupants and allow them to present evidence. Only after it is established that an encroachment has taken place does the removal action proceed. A speaking order is issued, and a period of 15 days’ notice is given to vacate the land.

The Supreme Court directed that the status quo be maintained until the speaking orders are passed and the 15-day notice period expires. This means no eviction from the disputed lands can take place until the procedural steps outlined are complied with.

In its order, the Court made clear that the process proposed by the Assam government “contains sufficient procedural safeguards.” The judges observed that the procedure “conforms to the principles of fairness, reasonableness and due process.”

The Court also highlighted the crucial role forests play in a country like India. In its words, “Forests constitute one of the most vital natural resources of the nation. They are not merely repositories of timber or land capable of alternate use, but complex ecological systems indispensable for maintaining environmental balance. Forests regulate climate, preserve biodiversity, recharge groundwater, prevent soil erosion, and act as natural carbon sinks, mitigating the adverse effects of climate change. In a country as ecologically diverse and climatically vulnerable as India, the role of forests assumes even greater significance. Encroachment upon forest land has emerged as one of the gravest challenges confronting environmental governance in the country.”

During the High Court proceedings, the Advocate General of Assam had informed the court that nearly 29 lakh bighas of land in the reserved forests were “infested” with encroachers and that the State’s eviction drives aimed to remove such encroachments. He also said that the government had already cleared more than 1 lakh bigha of encroached land.

The petitioners had contended that the Assam Chief Minister had consistently described residents of certain settlements as “encroachers” and “illegal occupants” even before individual rights were legally adjudicated. They argued that such statements had created a perception that the eviction process was driven by policy hostility rather than legal scrutiny.

While a Single Judge of the Gauhati High Court had agreed that the 7-day window to file claims was too short and extended it, appeals were filed against that decision. One argument in the appeals was that the occupants had not been afforded a proper procedure before eviction from homes that they claimed were allotted to them under some government scheme in the past.

The Division Bench had allowed the occupants to submit any records or documents to prove that the land was lawfully allocated to them within the reserved forest and had ordered status quo on eviction drives. On August 18, 2025, the State filed an affidavit stating that the occupants in question were engaged in commercial betel-nut farming and fisheries inside reserved forests, which the High Court described as shocking and a reason to reaffirm the need for the mechanism to prevent such incursions.

The Supreme Court’s approval of the Assam government’s eviction mechanism reinforces that eviction drives must balance environmental conservation with respect for legal rights and due process. It ensures that occupiers are given a fair chance to prove lawful occupation before any eviction can proceed.