Guwahati: Gauhati HC has ordered eviction drives in four centuries old reserve forests of the state, giving hundreds of families of illegal settlers a 30-day window to remove their belongings and make alternative arrangements.The forests are Lutumai in Nagaon, Jamuna Moudanga in Hojai, South Nambor & Doyang in Golaghat, and Borpani in Nagaon — some notified as far back as 1917.Justice Devashis Baruah on Monday directed state govt officials to take active steps for removal of petitioners and all encroachers from reserve forests if they fail to vacate within the 30-day window. His order came while disposing of a bunch of 12 petitions filed by 823 individuals, who had challenged eviction notices served on them by the govt.“The right to protect the environment and safeguard the forests and wild life are rights falling within the realm of public rights and these rights outweigh the private rights of the petitioners to reside within the reserve forests,” judge Baruah noted in his order.Taking a firm stand against encroachers, who when served notices to vacate forest land by the govt are often seen to produce civic documents to claim legality in their settlement, the judge ruled , “Aadhaar cards, election IDs, names in the electoral rolls, electricity connections, certificates issued by panchayat authorities cannot be regarded as documents which would entitle the petitioners to reside within the reserved forests.”He noted in his order, “It is the constitutional obligation cast upon the state to protect and improve the environment and to safeguard the forests and wildlife. Under such circumstances, the steps taken for eviction of the petitioners in the present batch of writ petitions as well as all other encroachers by issuance of notice are in consonance with the constitutional goals enshrined under Article 48A of the Constitution.”The court pointed out, “…there cannot be any person residing within the reserved forest except is permissible under the rights saved under the Regulation as well as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.”The court also directed the managing director of the state power discom, Assam Power Distribution Company Limited (APDCL), to disconnect electricity connections to the petitioners and all encroachers, after 30 days from the date of judgment of the petitioners as well as all encroachers of the Reserved Forests.The court clarified that no rights have been conferred upon persons carrying out jhumming cultivation or operating under the Taungya system to reside within reserved forests. The only exception applies to those who fall within the ambit of Forest Dwelling Scheduled Tribes and Other Traditional Forest Dwellers, as defined under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the court pointed out.
