Supreme Court directs time-bound eviction plan to clear encroachments in Agasthyamalai landscape

New Delhi: The Supreme Court has ordered the Tamil Nadu and Kerala governments to prepare and implement a time-bound eviction plan on priority to remove long-standing encroachments from the ecologically sensitive Agasthyamalai landscape, which spans protected areas in both states.

Taking a serious view of the widespread encroachments persisting for decades, a bench of Justices Vikram Nath and Sandeep Mehta also directed disciplinary and legal action against 118 serving and retired government servants identified as encroachers.

“The present proceedings concern not merely questions of regulatory compliance or administrative accountability, but strike at the very heart of environmental governance and the constitutional obligation of the State to preserve and protect ecologically sensitive regions, fragile ecosystems, and critically endangered wildlife for the benefit of present and future generations,” the bench observed.

The order was passed on May 29 while hearing a plea concerning the preservation of reserve forests, wildlife sanctuaries, and tiger reserves in Tamil Nadu.

The Agasthyamalai ecological landscape spans 3,500.36 sq km across several districts in Tamil Nadu and Kerala, encompassing the Kalakad Mundanthurai Tiger Reserve, Srivilliputhur-Megamalai Tiger Reserve, and Kanyakumari Wildlife Sanctuary.

According to a July 2025 interim report of the Central Empowered Committee (CEC), 4,601 encroachers have occupied over 5,072 hectares of reserved forests in Theni district alone, with only 1.8 per cent of the encroached land reclaimed so far.

Alarmingly, 116 government and public utility structures have come up inside forest lands without approval.

The court noted that 118 government employees or retirees — including personnel from the Army, police, CRPF, Forest, Revenue, and other departments — figure in the list of encroachers.

While the state has initiated some action, including recovery of around 15 hectares, proceedings against a large number remain pending.

The bench directed the preparation of a “division-wise encroachment eviction plan” with clear timelines, milestones, and officer-level responsibilities. The plan must be submitted to the CEC within one month and should cover physical eviction, rehabilitation where applicable, legal action against wilful violators, and post-eviction ecological restoration.

It ordered initiation of disciplinary and legal action against all 118 government servants under the Tamil Nadu Government Servants’ Conduct Rules, 1973, and other laws.

The states have also been asked to impose additional penalties, including environmental restitution charges payable to the CAMPA fund.

In a strong measure, the court imposed a blanket moratorium on extending welfare schemes, electricity, transport, and other infrastructure facilities in encroached forest areas. All unauthorised government structures and illegal resorts/commercial establishments, particularly in the Megamalai region, must be dismantled and removed within six months.

The bench warned that failure to comply could lead to deployment of paramilitary forces on the recommendation of the CEC. It asked the states to submit monthly compliance reports and directed the CEC to conduct ground verification and file quarterly status reports. The matter has been posted for further hearing on September 1, 2026.