Guwahati: The Supreme Court has ordered the status quo on evictions in Assam’s reserved and protected forests, directing that lands occupied by tribal communities and traditional forest dwellers be preserved until detailed orders are passed and the statutory 15-day notice period expires. The judgment came in the case of Abdul Khalek & Ors. v. The State of Assam & Ors. [2026 INSC 140], which consolidated a series of civil appeals and writ petitions challenging eviction drives in several reserved forests, including Doyang, South Nambar, Jamuna Madunga, Barpani, Lutumai, and Golaghat.
A bench comprising Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe observed that while the State has a constitutional obligation to protect and restore reserved forests, environmental enforcement cannot override fairness, due process, and the rule of law, particularly where long-standing human habitation exists. The Court stressed that any eviction must be consistent with the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and that environmental protection and rule of law must co-exist and reinforce each other.
The appellants, residents of villages situated within the reserved forests, contended that they and their ancestors had lived there for over seventy years and that their presence had been recognized by state authorities through Aadhaar cards, ration cards, and other official documents. The state, however, maintained that the lands were notified as reserved forests as early as 1887–88 and that the occupants were unauthorized encroachers, placing before the Court data showing that nearly 3.62 lakh hectares, or about 20 per cent of Assam’s forest area, was under encroachment, leading to ecological degradation.
Eviction notices requiring occupants to vacate within seven days had prompted writ petitions before the Gauhati High Court, which issued interim orders extending the time and directing show-cause notices. During the Supreme Court hearing, the Solicitor General submitted a revised mechanism for eviction, which included verification of claims by forest and revenue officials, issuance of notices, opportunity for occupants to produce proof of rights, and adherence to the 15-day notice period. Occupants recorded in the Jamabandi Register or holding rights under the Forest Rights Act were exempt from eviction.
The Court clarified that even within Gaon Panchayat areas inside reserved forests, only those with legally recognized rights could remain, while others would be liable for eviction following due process. Finding the state’s revised framework provided sufficient procedural safeguards, the Supreme Court accepted it and modified the earlier High Court orders in line with its directions.