The Supreme Court on Tuesday allowed a mechanism proposed by the Assam government to clear alleged encroachments in forests, saying that the course of action to be adopted “contains sufficient procedural safeguards”.
A bench of Justices PS Narasimha and Alok Aradhe was hearing petitions and appeals filed by residents of villages located in the Doyang, South Nambar, Jamuna Madunga, Gola Ghat and other reserved forests.
Assam’s forest department had issued eviction notices to the petitioners, alleging that they had illegally occupied land in the reserved forests.
The petitioners and appellants had argued that they and their families had resided in the villages for more than 70 years and that they had been issued Aadhaar cards, ration cards and other identity documents by the state.
During the hearing, the state government had filed an affidavit saying that it would set up a joint committee comprising officials from the forest department and the revenue department. The panel will give the residents an opportunity to submit evidence showing that they have the right to occupy the land.
The action to remove the residents can only be taken after it is proven that they have been encroaching on the land. A 15-day notice is to be provided through speaking orders to vacate the land.
The bench on Tuesday directed that the status quo be maintained “in respect of land in occupation” of the appellants and petitioners till speaking orders are passed, and till the 15-day period expires.
The court said that the mechanism sought to be adopted by the Assam government for removing the alleged encroachment “conforms to the principles of fairness, reasonableness and due process”.
Solicitor General Tushar Mehta assured the court that the state’s mechanism shall be complied with objectively and with fairness, it added.
The bench observed that encroachments on forest land had emerged as “one of the gravest challenges confronting environmental governance in the country”, adding that Article 51A(g) of the Constitution imposes a fundamental duty on citizens to protect nature.
The court added that constitutional governance demands that environmental protection be pursued through lawful means.
“The mandate to clear the encroachments from the forest land does not authorise an arbitrary action,” it said, adding that the Constitution insists that environmental protection and the rule of law must co-exist and reinforce each other.
Chief Minister Himanta Biswa Sarma described the Supreme Court’s ruling as a “historic victory” of the Assam government, saying that it streamlined the process to evict alleged encroachers, ANI reported.
“...If encroachment happens in the forest area, then the state government has the right to evict,” the news agency quoted Sarma as saying. “The committee can decide it.”
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