Assam CM hails SC nod for forest land evictions; panel to decide status

Guwahati, Feb 11: Buoyed by a Supreme Court verdict upholding the Assam government’s authority to evict encroachments from forest land, Chief Minister Himanta Biswa Sarma, on Wednesday, described the ruling as a “landmark decision” that would bring clarity and speed to ongoing eviction drives.

Addressing the press at Lok Sewa Bhawan, Sarma said the judgment, delivered by Justices Alok Aradhe and J.B. Pardiwala, would streamline the process, which had earlier been delayed by stay orders from various courts.

“Earlier, we often received stay orders. After this judgment, the entire eviction process will be streamlined,” he said.

The Chief Minister said the government would comply with the apex court’s directive to constitute a committee before carrying out evictions. The panel, to be formed by Wednesday evening, will examine claims and issue eviction notices where applicable.

“We have to form a committee comprising the District Commissioner, officials of the Forest Department and other concerned authorities. The committee will issue eviction notices. If anyone claims that their land does not fall under forest land, their objection will be heard and a speaking order will be issued,” Sarma said.

He added that the District Commissioner will chair the committee, with the Divisional Forest Officer (DFO) serving as member secretary. The Additional Deputy Commissioner (ADC) will be the revenue member, while the concerned range officer and circle officer will serve as members.

According to Sarma, the committee’s mandate will be limited to determining whether the land in question is forest or revenue land.

If the land is classified as revenue land, the matter will be referred to revenue authorities for further action. If it is forest land, eviction will follow within 15 days of issuing a speaking order.

The Chief Minister noted that while the Gauhati High Court had earlier mandated a one-month window before eviction, the Supreme Court has now permitted action within 15 days.

He further clarified that the presence of forest land within a panchayat jurisdiction cannot be cited to prevent eviction once it is established as forest land.

“This is a landmark decision for Assam. Once it is established as forest land, people can be evicted,” Sarma said, adding that six eviction-related cases pending before the Supreme Court have now been disposed of.

“The Forest Department is now free from prolonged legal battles. Cases pending before the Gauhati High Court will also follow the same principle. This judgment will help us protect Kaziranga, Manas, Pobitora and other forest areas,” he said.

Sarma said that 1,25,326 hectares of forest land have been cleared of encroachment so far, while the apex court has allowed the state to proceed with clearing encroachments from 3,62,082 hectares.

On Tuesday, while hearing a batch of civil appeals and writ petitions, the Supreme Court endorsed the state government’s proposed procedure for eviction.

“In our opinion, the course of action to be adopted by the State Government while removing the encroachment from the reserved forest contains sufficient procedural safeguards. The process sought to be adopted by the State Government for removal of encroachment conforms to the principles of fairness, reasonableness and due process,” the bench observed.

The Chief Minister also said that eviction measures would proceed alongside the granting of forest rights to indigenous communities as per law.

“Even if the land is classified as forest land, the government retains the right to grant forest rights to indigenous communities,” he added.