Case Note & Summary
The Supreme Court addressed multiple appeals and writ petitions challenging eviction notices issued by the Assam Forest Department to residents of villages within reserved forests -- The appellants claimed ancestral residence for over seventy years with state acknowledgment through identity documents, while the State argued the land was reserved forest with significant encroachments causing environmental harm -- The High Court had ordered show cause notices with limited timeframes -- The Supreme Court recognized the constitutional obligation under Article 48A to protect forests and the fundamental duty under Article 51A(g) for environmental protection, but stressed that such protection must be achieved through lawful means respecting the rule of law and natural justice -- The Court highlighted the need to balance forest conservation with procedural fairness for long-standing residents, rejecting arbitrary eviction actions without proper hearing
Headnote
The Supreme Court considered appeals and writ petitions concerning eviction notices issued to residents of villages within reserved forests in Assam -- The appellants claimed long-standing residence for over seventy years with state-issued identity documents -- The State asserted the land was reserved forest notified in 1887-1888 under forest laws and that encroachments caused environmental degradation affecting 19.92% of forest area -- The High Court had directed show cause notices with 15 days for explanation and 15 days to vacate -- The Supreme Court held that while Article 48A mandates forest protection and Article 51A(g) imposes citizen duties, environmental protection must be pursued through lawful means without arbitrary action -- The Constitution requires coexistence of environmental protection and rule of law -- The Court emphasized procedural fairness and natural justice in eviction proceedings
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Issue of Consideration: The Issue of considerable constitutional and environmental significance regarding the State's obligation to protect reserved forests while addressing long-standing human habitation within forest lands
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Final Decision
The Supreme Court granted leave and considered the appeals and writ petitions, emphasizing the need to maintain rule of law while ensuring environmental protection, with further proceedings pending based on the State's additional affidavit filed on 18.01.2026
