Supreme Court streamlined eviction process in Feb 10 verdict, says Assam CM Himanta Biswa Sarma

Dibrugarh: Assam Chief Minister Himanta Biswa Sarma on Wednesday said that the Supreme Court has streamlined the process of eviction drives during a judgement passed on February 10.

The apex court on its judgement on February 10, modified the order of the Gauhati High Court in terms of the latest affidavit filed by the State of Assam on the mechanism adopted in carrying out large-scale encroachment drives in Doyang, South Nambar, Jamuna Madunga, Barpani, Lutumai and Golaghat reserved forests in Assam.

As per the direction issued on February 10, after eviction notices are issued, it goes before a Joint Committee of forest and revenue officials. The committee is authorised to give a hearing to the occupants to adduce evidence. The action for removal is taken only once it is established that there has been an encroachment. A period of 15 days' notice is given through speaking orders to vacate the unauthorised occupation.


He said that the government has so far cleared about 1,25,326 bighas of forest land from illegal encroachment so far. “However, as some encroachers approached the apex court over the action, the court has restrained the government from carrying out in some areas. However, this judgment made it more streamlined,” he said, adding that approximately another 20 lakh bighas of forest lands in Assam are under illegal encroachment now.

The Chief Minister said that the government has also decided to grant forest rights to the indigenous communities simultaneously. He said the SC judgement along with the government’s move to grant forest rights to indigenous communities is likely to stop fresh encroachment of the forest lands across the state.

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.

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.