Gauhati High Court Orders Eviction from Lutumari Reserve Forest

The Gauhati High Court has issued a directive for settlers in the Lutumari Reserve Forest to vacate within thirty days, highlighting the importance of environmental conservation. The court's ruling emphasizes that the rights to protect forests and wildlife take precedence over individual claims to reside in these protected areas. Failure to comply will result in removal by authorities, and the court has mandated that the land be preserved for forest purposes only. This decision underscores the state's constitutional obligation to safeguard the environment and promote reforestation efforts.

By Narendra Chaudhary Jun 10, 2026, 10:00 IST

Court Directs Eviction of Settlers

File image of Gauhati High Court (Photo: @himantabiswa/X)

Guwahati, June 10: The Gauhati High Court has mandated that individuals residing within the Lutumari Reserve Forest in Nagaon must vacate the area within thirty days and arrange for alternative housing.

Should they fail to comply, the court has instructed local authorities to initiate removal procedures. Additionally, the Assam Power Distribution Company Limited (APDCL) is to disconnect electricity services after the thirty-day period.

The court emphasized that land diversion within reserve forests for establishing schools, hospitals, Anganwadis, fair price shops, electric and telecommunication lines, roads, and community centers is prohibited unless authorized by the Central Government.

In response to a petition from a group of settlers, Justice Devashis Baruah noted that the petitioners did not demonstrate eligibility under the Forest Dwelling Scheduled Tribes or Other Traditional Dwellers as outlined in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. Documents like Aadhaar Cards, Election IDs, and other local certificates do not qualify them for residency in the reserve forests.

The court stated, “The rights to protect the environment and preserve forests and wildlife are public rights that take precedence over the private rights of the petitioners to inhabit the reserve forests. It is the State's constitutional duty to safeguard and enhance the environment and protect forests and wildlife. Therefore, the eviction measures against the petitioners and other encroachers align with the constitutional objectives under Article 48A,” the ruling declared.

The Chief Secretary has been tasked with ensuring that the Assam Forest Department prohibits any non-forest use of the land once it is cleared of encroachers.

Furthermore, the Chief Secretary is required to ensure that the Forest Department implements effective reforestation efforts on the land once it is vacated.