Encroachment of forest land, one of gravest challenges, must be dealt with lawful means: Supreme Court

The bench underscored that the Constitution does not envisage a choice between the environmental protection and the rule of law, rather, it insists that both co-exist and reinforce each other.

New Delhi: The Supreme Court on Tuesday said, encroachment upon forest land has emerged as one of the gravest challenges confronting environmental governance in the country, but it must be deal with through lawful actions and not by an arbitrary action.

Approving the Assam government's decision to remove encroachments from the reserved forests, a bench of Justices P S Narasimha and Alok Aradhe underscored that the Constitution does not envisage a choice between the environmental protection and the rule of law, rather, it insists that both co-exist and reinforce each other.

"Constitutional provisions reflect a collective responsibility on the part of citizens as well as the State to prevent, regulate and remedy the environmental harm,'' the bench said, emphasising the importance of protecting forest lands.

Appellants Abdul Khalek and others claimed they were residents of several villages, situate in Doyang reserved forest, South Nambar Reserved Forests, Jamuna Madunga Reserve Forest, Barpani Reserved Forest, Lutumai Reserved Forest and Gola Ghat Forest in Assam.

They claimed that they and their predecessors have been residing in the villages for more than seventy years and have been issued Aadhar Cards, ration cards and other identity documents by the state agencies.

The state government, on the other hand, contended a policy decision has been taken to remove all unauthorised encroachments from the reserved forest and to restore such lands through reforestation and conservation measures.

It pointed out approximately 3,62,082 hectares of forest land was under encroachment and nearly 19.92% of the forest area in the State was affected.

Upon considering the matter, the bench in its judgment said, "In a country as ecologically diverse and climatically vulnerable as India, the role of forests assumes even greater significance. Encroachment upon forest land has emerged as one of the gravest challenges confronting environmental governance in the country."

Finding that 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 told the parties to maintain status quo in respect of land in occupation of the appellants/writ petitioners till speaking order is passed and till expiry of notice period of 15 days.

The court modified the Gauhati HC's orders and declined to entertain writ petitions.

The court also took into account submissions by Solicitor General Tushar Mehta for the state government, who said, that it would set up a committee of forest and revenue officials, which would issue notice to the alleged unauthorised occupants and give them an opportunity to show evidence that they have the right to occupy the land, in their possession.

It further said, the action for removal of encroachment would be taken, only if it is found that there is an encroachment in the reserved forest area.

In case the noticee is found to be within the revenue limits, outside the notified forest area, the details of the noticee shall be sent to the revenue department, which would decide the future course of action.

"If an unauthorised occupation is found in a reserved forest area, after scrutiny of the documents, a speaking order shall be passed and shall be served on the concerned person giving him 15 days notice to vacate the unauthorized occupation and only after expiry of the period of notice, the action shall be taken to remove the unauthorised occupants," it said.

The state government also submitted that occupation of a Gaon Panchayat in a forest is permissible if there is a sufficient proof as per the Jamabandi Register maintained by the Forest Department or as provided under the Forest Rights Act.