The Gauhati High Court has dismissed a batch of appeals by settlers challenging eviction proceedings from three reserve forests in Assam’s Nagaon district, holding that long-term occupation or personal hardship does not create a legal right to reserved forest land. A division bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury upheld an earlier single-judge order that had rejected writ petitions against speaking orders issued by the Divisional Forest Officer (DFO), Nagaon Division.
The DFO had found that the appellants were illegally occupying land within the notified Barapani, Lutumari and Kaki Reserve Forests and had directed action under the relevant forest laws. Speaking orders-official decisions that record the reasons for action-formed the basis of the administrative direction now sustained by the high court.
Counsel for the settlers, senior advocate A.R. Bhuyan, told the court that several families had lived in the areas for generations and asked the bench to weigh community rights and hardship alongside environmental concerns. He also said some settlements began under government-supported arrangements. The state, represented by Additional Advocate General P.N. Goswami, countered that the tracts are duly notified reserve forests and that neither the appellants nor their predecessors acquired any legally enforceable title.
In its judgment the court acknowledged that settlements may have persisted for long periods and that basic facilities might have been extended over time, but stressed that such factors do not convert occupation into legal ownership or entitlement over reserved forest land. The bench also upheld prior directions on rehabilitation and clarified that its order would not bar the state government from granting benefits to eligible persons under any existing rehabilitation policy, scheme or executive decision.
Recognising the ongoing monsoon, the court extended the period for vacating the reserve forests to 45 days from the timeline fixed by the single judge, while leaving intact the eviction process and the possibility of state-led rehabilitation under applicable policies.
Original Source: https://nenews.in/assam/gauhati-hc-upholds-eviction-orders-from-nagaon-reserve-forests-rejects-settlers-appeals/55544/
Category: Assam,eviction drive,Gauhati High Court,Nagaon district
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Publish Date: 2026-06-28 22:15:00
