Abdul Khalek & Ors. v. The State of Assam & Ors.

Civil Appeal · 2026 INSC 140Decided 10 Feb 2026
C.A. No.-001464-001465 - 2026
Justice Pamidighantam Sri Narasimha · Justice Alok Aradhe

Background

The appellants and writ petitioners were residents of several villages inside reserved forests in Assam (Doyang, South Nambar, Jamuna Madunga, Barpani, Lutumai, and Gola Ghat forests), claiming to have lived there for over 70 years and holding Aadhar cards, ration cards, and other identity documents issued by the state. The Assam Forest Department issued eviction notices treating them as unauthorised occupants of reserved forest land, giving them only seven days to vacate, prompting writ petitions before the Gauhati High Court alleging the notices were arbitrary and issued without any hearing. The State defended the evictions citing large-scale encroachment (about 3,62,082 hectares, nearly 19.92% of the state's forest area) causing serious environmental degradation, while the High Court's rulings on the matter varied across different benches, leading to multiple appeals reaching the Supreme Court.

Decision Breakdown

The Supreme Court held that while the State has a clear constitutional obligation under Article 48A (Directive Principles) and Article 51A(g) (fundamental duties) to protect forests and the environment, this obligation must be discharged through lawful, fair procedure rather than arbitrary action: the Constitution does not force a choice between environmental protection and the rule of law. After hearing the parties, the Court had the Solicitor General file an additional affidavit setting out a structured procedure the State would follow: forming a joint committee of forest and revenue officials, issuing notice to occupants to produce evidence of authorised occupation (including recognition under the Forest Rights Act, 2006, or entries in the Jamabandi Register for forest villages), and only proceeding to eviction via a reasoned "speaking order" with a further 15-day notice period if genuine encroachment is confirmed. Finding this mechanism to contain sufficient procedural safeguards consistent with fairness and due process, the Court substituted and modified the various conflicting High Court orders with this uniform procedure, directed status quo on the land until it is followed, and left all substantive claims open to be examined by the committee. The related Article 32 writ petitions were disposed of on the same basis, without the Court expressing any opinion on the merits of any individual's claim.

Lesson Learnt

Even where the State has a strong, constitutionally-grounded interest in clearing illegal encroachment on protected forest land, it must still follow fair procedure (proper notice, an opportunity to produce evidence of lawful occupation, and a reasoned order) before evicting long-term occupants; environmental protection and due process must go hand in hand.

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