Assam govt’s anti-encroachment drive to free forest land is valid and needed, says SC: Read how Opposition and media have been vilifying a lawful process

The Supreme Court on Tuesday (10th February) gave a nod to the Assam government’s decision to remove encroachments from 3,62,082 hectares of reserved forest land in the state. A bench of Justices PS Narasimha and Alok Aradhe noted that the process of removal of encroachment proposed by the Himanta Biswa government contains sufficient safeguards and follows due process.

The present petition challenged an order passed by a Division Bench of the Gauhati High Court in August 2025, upholding a Single Bench decision extending the time given to the petitioners to vacate the forest land. The Division Bench directed the state government to frame necessary regulations to prevent unauthorised encroachment of reserved forest land. It further asked the state government to issue show-cause notices to the petitioners, giving them a 15-day deadline to submit an explanation and an additional 15-day period to vacate the encroached forest land if they are asked to do so.

Petitioners claimed that they have been living on the land for 70 years

The matter came up before the Supreme Court after residents of villages located in Doyang Reserved Forest, South Nambar Reserved Forest, Jamuna Madunga Reserve Forest, Barpani Reserved Forest, Lutumai Reserved Forest and Gola Ghat Forest challenged eviction notices issued by the State through a Special Leave Petition. The petitioners, including Abdul Khalek and others, claimed that their families have been residing in the area for over 70 years and that they possess Aadhaar Cards, Ration Cards, and other identity documents. They requested the Apex Court to restrain the eviction or coercive action of the state government against them.

Encroachers have grabbed 19.92% of the state’s forest area: State

The state government, on the other hand, submitted before the Supreme Court that the land occupied by the petitioners falls within the reserved forest and therefore they have no legal right to occupy it. The state government produced substantial data before the court, pointing out that encroachment is rampant in the vast areas of forest land, and currently, 19.92% of the reserved forest area of the state has been illegally encroached upon by the settlers.

Supreme Court highlights the significance of the forest land

The Supreme Court noted that encroachment on the forest land has “emerged as one of the gravest challenges confronting environmental governance in the country.” The court added that in a “climatically vulnerable” country like India, forests have greater significance. “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,” the Supreme Court stated.

“The Constitution casts a clear and unequivocal obligation upon the state to protect forests and the environment. Article 48A, forming part of the Directive Principles of State Policy, mandates that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country,” the Court added.

“Forests constitute one of the most vital natural resources of the nation. They are not merely repositories of timber or land capable of alternate use, but complex ecological systems indispensable for maintaining environmental balance. Forests regulate climate, preserve biodiversity, recharge groundwater, prevent soil erosion, and act as a natural carbon sinks mitigating the adverse effects of climate change,” the court said, highlighting the significance of forest land.

State’s plan for eviction is fair and reasonable: Supreme Court

Solicitor General Tushar Mehta apprised the court that, as per the state’s process to remove encroachment, a committee of forest and revenue officials will issue notices to people in occupation of the land. These people will be given a chance to furnish documents to prove their right to the land. In case the occupants are not able to prove their claim over the land, a speaking order will be passed. Such occupants will be given 15 days to vacate the land, and only after that period will removal action begin. Additionally, if an occupant is found to be within revenue limits and outside the notified forest area, the matter will be sent to the revenue department for further action.

The top court examined the process laid down by the state government for conducting the anti-encroachment drive and observed it conforms to the principles of fairness, reasonableness and due process. “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 the removal of encroachment conforms to the principles of fairness, reasonableness and due process,” the Supreme Court said.

Assam CM Himanta Biswa Sarma welcomed the Supreme Court’s decision approving the Assam government’s anti-encroachment drive. “In a landmark judgement, the Supreme Court has empowered Assam to effectively fight encroachments in forests. A committee will be constituted to determine whether an area is forest or revenue land- once that determination is done, evictions can begin in just 15 days,” CM Sarma wrote on X on Wednesday (11th February).

In a landmark judgement, the Supreme Court has empowered Assam to effectively fight encroachments in forests.

A committee will be constituted to determine whether an area is forest or revenue land- once that determination is done, evictions can begin in just 15 days. pic.twitter.com/ETkiqGoT5j

— Himanta Biswa Sarma (@himantabiswa) February 11, 2026

CM Himanta Biswa targeted by the opposition and media for protecting the state’s land

The Assam government under Chief Minister Himanta Biswa Sarma has launched a major crackdown on encroachment across the state. In the past year, the state government intensified its efforts to free government land from the clutches of land grabbers and freed thousands of acres of land. CM Sarma has maintained that the anti-encroachment drive is part of the state government’s resolve to put an end to the “demographic invasion” of Assam by infiltrators. He asserted that the removal of the government and forest land is important to prevent the systematic alteration of the state’s demography.

His strong stance against infiltrators and encroachers has put CM Sarma at the target of the opposition as well as the leftist media, who have been maligning his government’s legitimate anti-encroachment action as ‘anti-Muslim’.

The media have been portraying the Assam government’s legally compliant action of removing land-grabbers from the government land as a targeted action against the state’s Muslim population.

CM Sarma has clarified on multiple occasions that the action of his government concerns Bangladeshi infiltrators who have entered the state illegally and have settled here after forging documents to avail benefits meant for natives and not local Muslims.

Now, even the Supreme Court has upheld the Himanta government’s action as fair and reasonable and necessary to protect the forest land.