GUWAHATI, India, Dec. 30 -- Gauhati High Court issued the following order on Nov. 28:
1. Heard Mr. M. Goswami, learned Senior Counsel assisted by Mr. B. M. Deka, learned counsel for the petitioners in WP(C) No. 6738/2025, and Mr. A. R. Bhuyan, learned counsel for the petitioners in WP(C) No. 6764/2025. Also heard Mr. P. N. Goswami, learned Additional Advocate General for the State respondents.
2. The petitioners have assailed the order dated 21.11.2025, passed by the Divisional Forest Officer, Nagaon Division, Nagaon, whereby the representations of the petitioners have been rejected (through identical individual orders), pursuant to the order of Division Bench of this Court dated 18.08.2025, passed in WA No. 251/2025 and WA No. 252/2025, and directed the petitioners to vacate the forest land on or before 29.11.2025, failing which eviction proceeding shall be carried out forthwith by the forest department.
3. Having considered the issues involved and the order put to challenge is identical and similar on facts and law, both these 2 (two) writ petitions are heard together and, as agreed to by the learned counsel for the parties, same are disposed of at the motion stage considering the order proposed to be passed (infra).
4. In WP(C) No. 6738/2025, the petitioners, 101 in numbers, and in WP(C) No. 6764/2025, the petitioners, 66 in numbers, have raised the common grievance who claims to be the landless persons other than the land presently under their occupation alleged to be under the Lutumai Reserve Forest in the District of Nagaon, Assam.
5. Shorn of unnecessary details, the case of the petitioners is that they were issued notice for eviction alleging illegal occupation in the Lutumai reserve/protected forest area vide dated 08.10.2025 by the Divisional Forest Officer, Nagaon Forest Division directing them to submit any claim/representation or supporting documents, if any, to justify their occupation of the said forest land within 15 (fifteen) days. Pursuant thereto, the petitioners in WP(C) No. 6738/2025 have submitted joint representation on 22.10.2025 before the Divisional Forest Officer, however, t, the petitioners in WP(C) No. 6764/2025 have not submitted any representation. Thereafter, the petitioners approached this Court by way of writ petitions, being WP(C) No. 6290/2025 & WP(C) No. 6167/2025, challenging the notice of eviction dated 21.11.2025. This Court, vide orders dated 06.11.2025 & 17.11.2025, disposed of the writ petitions with the following observation:
"14. It is observed that if any representation is received from any of the noticees/petitioners herein by the respondent no. 4, the respondent no. 4 shall examine such representations and the supporting documents in justification of the parcels of land he/she is in occupation. The order so passed by the respondent no. 4 shall be communicated to the petitioners / representationists forthwith thereafter. The respondent no. 4 shall examine whether the parcels of land under the occupation of the noticees/petitioners fall inside or outside the boundaries of Lutumari Reserved Forest declared by the Notification dated 07.08.1928. It is further observed that if any parcel of land under the occupation of any noticee/petitioner is found outside the boundaries of the Lutumari Reserved Forest, no eviction exercise, as contemplated in the Notice dated 08.10.2025, shall be undertaken by the respondent no. 4. It is further observed that if the parcels of land under the occupation of the noticees/petitioners are found inside the boundaries of Lutumari Reserved Forest, then the respondent no. 4 shall carry out the exercise to clear the Lutumari Reserved Forest areas in accordance with law and as per due procedure."
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xxRahEyAKOaVJB6X6TV4m4xNDymz9gnWsjiWSfQ%2FDh9r&caseno=WP(C)/6764/2025&cCode=1&cino=GAHC010264912025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
