Gauhati High Court Orders Eviction of Illegal Assam Forest Settlers

Guwahati: The Gauhati High Court ruled against settlers living in Assam’s Nagaon district. The bench dismissed appeals aimed at stopping evictions from the Barapani, Lutumari, and Kaki reserve forests. Judges backed an earlier order confirming that the forest dwellers had no legal claim to the land.

Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury delivered the verdict. The court noted that administrative arrangements like Taungya were temporary measures for plantation work, not paths to land ownership. Though families lived there for generations, long-term stay does not grant title to protected zones.

The bench acknowledged the difficulty of the situation. They insisted that the law remains clear regarding government property. "These considerations undoubtedly call for sensitivity and humane governance. However, even genuine hardship cannot by itself create a legal right over reserved forest land where none exists," the judges wrote.

Additional Advocate General P.N. Goswami argued that the occupants never held legal rights. Counsel for the settlers pushed for a balance between environmental needs and family history. The court remained unmoved on the issue of ownership.

The state must still follow its rehabilitation policies. Officials may offer aid to eligible individuals, even if the eviction stands. The court granted the settlers 45 days to leave. This extension accounts for the harsh monsoon season.

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