Page No.# 1/17 GAHC010250782025 2025:GAU-AS:15385 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6418/2025 JAMAL UDDIN AND ORS S/O- FOIJUR RAHMAN. VILL- PACHIM JAMUNAGAON, DIST- HOJAI 2: KAMAR UDDIN S/O- ALI RAZA VILL- UDMARI DIST -NAGAON 3: NASIR UDDIN S/O- ABDUL MANNAF VILL- UDMARI KARAIGURI DIST- HOJAI 4: ASAB UDDIN S/O ALI RAZA VILL - 043 UDMARI GAON DIST- NAGAON 5: HUSSAIN AHMED S/O MAKBUL ALI VILL- PASCHIM JAMUNA GAON DIST- NAGAON 6: HASON AHMED S/O- YASIN ALI VILL- PASCHIM JAMUNA GAON DIST- HOJAI 7: ALAUR RAHMAN S/O- ABDUR RAHMAN Page No.# 2/17 VILL- UDMARI KOROIGURI DIST -NAGAON 8: ATAUR RAHMAN S/O -ABDUR RAHMAN VILL -UDMARI DIST -NAGAON 9: ABU BAKKAR S/O NAJIR ALI VILL- PASCHIM JAMUNA GAON DIST- NAGAON 10: DULAL AHMED S/O- HAZRAT ALI . VILL -PACHIM JAMUNA GAON DIST- HOJAI 11: NURUL HOQUE S/O- NIMAR ALI VILL -PACHIM JAMUNA GAON DIST -NAGAON 12: MARAHAM ALI S/O- ABDUL BARI VILL - PASCHIM JAMUNA GAON DIST -NAGAON 13: FAKAR UDDIN S/O- ABDUL NUR VILL- PACHIM JAMUNA GAON DIST- NAGAON 14: ABDUL MATLIB S/O- RAMICH UDDIN VILL -PACHIM JAMUNA GAON DIST- NAGAON 15: BATAI MIYA S/O- MOIAR ALI VILL- GHANIYARPAR DIST- NAGAON Page No.# 3/17 16: JAMAL UDDIN S/O- ALA UDDIN VILL -UDMARI DIST -NAGAON 17: HABI RAHMAN S/O- NIMAR ALI VILL- PUB JAMUNA GAON DIST -HOJAI 18: HUSSAIN AHMED S/O- YEASIN ALI VILL- PASCHIM JAMUNA GAON DIST -NAGAON 19: ABDUL MALIK S/O- RAMICH UDDIN VILL - PACHIM JAMUNA GAON DIST -HOJAI 20: KHALIL UDDIN S/O- NOOR ALI VILL- PACHIM JAMUNA GAON DIST - NAGAON 21: ABDUL KHALIK S/O- MAKLIS ALI VILL- PASCHIM JAMUNA GAON DIST -HOJAI 22: HABIBUR RAHMAN S/O- MARAM ALI VILL -PASCHIM JAMUNA GAON DIST -NAGAON 23: KACHIM ALI LASKAR S/O- WAZID ALI LASKAR VILL- PASCHIM JAMUNA GAON DIST- HOJAI 24: KHAIRUL ISLAM LASKAR S/O- WAZID ALI LASKAR VILL- PACHIM JAMUNA GAON DIST- HOJAI 25: KURMAN ALI S/O- LT.YAKUB ALI VILL- PUB JAMUNA GAON DIST -NAGAON Page No.# 4/17 26: JAMIL AHMED S/O- KAPIL UDDIN VILL- PACHIM JAMUNA GAON DIST- HOJAI 27: RASMINA BEGUM W/O- JAHUR UDDIN VILL- PACHIM JAMUNA GAON DIST- NAGAON 28: ABDUL JALIL S/O- ABDUL KADER VILL- PUB JAMUNA GAON DIST- NAGAON 29: SABED ALI S/O- NAJIR UDDIN VILL- PACHIM JAMUNA GAON DIST -HOJAI 30: RAHMAN ALI S/O- MOHAMMAD NAJIR ALI VILL- PACHIM JAMUNA GAON DIST- NAGAON 31: SALIM UDDIN S/O- FAIZUR RAHMAN VILL- PACHIM JAMUNA GAON DIST- NAGAON 32: ZAKIR HUSSAIN S/O- ABDUL HASIM VILL -UDMARI DIST -NAGAON 33: ASHIK UDDIN S/O- ABDUL KARIM VILL -GHANIYARPAR DIST- NAGAON 34: TAJ UDDIN S/O- MAHMAD ALI VILL- PACHIM JAMUNA GAON DIST - NAGAON 35: PIYARJAHAN ALI S/O- ABDUL KARIM VILL- NIZ DANDUBA Page No.# 5/17 MORIGAON DIST- MORIGAON 36: AFTAB UDDIN S/O- MAHMAD ALI VILL- PACHIM JAMUNA GAON DIST- NAGAON 37: SAHARBAN BIBI W/O- MATIUR RAHMAN VILL- PACHIM JAMUNA GAON DIST- NAGAON 38: ABDUL KHOYER S/O- ARAB ALI VILL - UDMARI DIST- NAGAON 39: HIFJUR RAHMAN S/O- ABDUL JALIL VILL- PACHIM JAMUNA GAON DIST- NAGAON 40: SAMIR UDDIN S/O- SONAHAR ALI VILL -PACHIM JAMUNA GAON DIST- NAGAON 41: SIRAJ UDDIN S/O- TUNU MIYAN VILL- SWAPUR GAON DIST- HOJAI 42: ROIS UDDIN S/O- AZIZUR RAHMAN VILL - RAUWAR PAR GAON DIST -NAGAON 43: HIFJUR RAHMAN S/O- MOINUL HOQUE VILL- PASCHIM JAMUNA GAON DIST- NAGAON 44: SAMJID ALI S/O- MUDARIS ALI VILL- PASCHIM JAMUNA GAON DIST - NAGAON Page No.# 6/17 45: ABDUL MUNNAN S/O- IDARIS ALI VILL- SWAPUR GAON DIST- NAGAON 46: ALA UDDIN S/O- YUSUF ALI VILL- PASCHIM JAMUNA GAON DIST -NAGAON 47: SHOROF UDDIN LASKAR S/O - MAKADDAS ALI LASKAR VILL -PASCHIM JAMUNA GAON DIST- HOJAI 48: AKLAS UDDIN LASKAR S/O- MAKADDAS ALI LASKAR VILL -PASCHIM JAMUNA GAON DIST- NAGAON 49: FAJAR ALI S/O- NAJIR UDDIN VILL- PASCHIM JAMUNA GAON DIST - NAGAON 50: LAL MIYAN S/O- KURMAN ALI VILL- PUB JAMUNA GAON DIST -NAGAON 51: ALIM UDDIN S/O- KUTUB ALI VILL- PASCHIM JAMUNA GAON DIST- NAGAON 52: MUSABBIR ALI S/O - LATE ABDUL JABBAR VILL- PUB JAMUNA GAON DIST- NAGAON 53: KAFIL UDDIN S/O- LATU MIA VILL- PASCHIM MAUDANGA KRISHIPAM DIST- NAGAON 54: AJGAR ALI S/O- ABUL KALAM VILL - RANGALU BASTI Page No.# 7/17 DIST- NAGAON 55: SAHAJ UDDIN S/O- ABDUL GAFUR VILL- RANGALU BASTI DIST- NAGAON 56: ABUL BASAR S/O- ABDUL GAFUR VILL- RANGALU BASTI DIST- NAGAON 57: ASMA KHATUN W/O - AJIJUL HOQUE VILL- RANGALU BASTI DIST - NAGAON 58: RAMJAN ALI S/O- MAJIBUR RAHMAN VILL- RANGALU BASTI DIST- NAGAON 59: ISMAIL ALI S/O- KHALILUR RAHMAN VILL - RANGALU BASTI DIST- NAGAON 60: AJAHARUL ISLAM S/O- KHALILUR RAHMAN VILL- RANGULU BASTI DIST- NAGAON 61: KHAIRUL ISLAM S/O- ABDUL KHALIL VILL- RANGALU BASTI DIST - NAGAON 62: HAFIJUR RAHMAN S/O- KALILUR RAHMAN VILL- RANGALU BASTI DIST - NAGAON 63: RAFIQUL ISLAM S/O- LT. ABDUL KARIM VILL - RANGALU BASTI DIST- NAGAO VERSUS UNION OF INDIA AND ORS REPRESENTED BY THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE, INDIRA PARYAVARAN BHAWAN, JORBAGH ROAD, Page No.# 8/17 NEW DELHI, INDIA 2:THE STATE OF ASSAM TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR GUWAHATI- 781006 3:SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FORESTS DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR GUWAHATI781006 4:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR GUWAHATI- 781006 5:PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE AND WILDLIFE O/O THE PCCF AND HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 781037. 6:DIVISIONAL FOREST OFFICER SOUTH NAGAON DIVISION HOJAI ASSAM 7:DIVISIONAL FOREST OFFICER NAGAON DIVISION NAGAON ASSAM 8:DISTRICT COMMISSIONER HOJAI ASSAM 9:DISTRICT COMMISSIONER NAGAON ASSAM 10:SUPERINTENDENT OF POLICE Page No.# 9/17 HOJAI ASSAM 11:SUPERINTENDENT OF POLICE NAGAON ASSAM 12:CIRCLE OFFICER DOBOKA REVENUE CIRCLE HOJAI ASSAM 13:CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON ASSAM 14:OFFICER IN CHARGE MURAJHAR POLICE STATION HOJAI ASSAM 15:OFFICER IN CHARGE KACHUA POLICE STATION NAGAON ASSA Advocate for the Petitioner : MR N A MAZARBHUIYA, N Z CHOUDHURY,S LASKAR,A R BHUYAN Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 12-11-2025 Heard Mr. A.R. Bhuyan, learned counsel for the petitioners; Mr. P.N. Goswami, learned Additional Advocate General, Assam assisted by Mr. I. Kalita, learned counsel for the respondent nos. 2, 3 & 5 – 15; and Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department for the respondent no. 4. Page No.# 10/17 2. The petitioners, 63 [sixty three] in nos., have joined together to institute the present writ petition under Article 226 of the Constitution of India to assail a set of notices issued to them on 08.10.2025 and 10.10.2025, annexed collectively as Annexure-9 to the writ petition, by the Divisional Forest Officer, South Nagaon Division, Hojai [respondent no. 6] and the Divisional Forest Officer, Nagaon Division, Nagaon [respondent no. 7] respectively in respect of areas of Jamuna Moudanga Reserved Forest and Lutumai Reserved Forest. 3. The common case of the petitioners, in brief, is that they have been residing in areas falling within Villages – Rangalu Basti, Udmari Pub Jamuna Gaon, Udmari-Pachim Jamuna Gaon, Udmari Ruwarpar and Supurgaon within the districts of Hojai and Nagaon respectively since last about 7-8 decades. The petitioners have stated that they have all the relevant documents pertaining to the parcels of land on which they are staying since long. The petitioners have stated that they have been served with the notices, dated 08.10.2025 & dated 10.10.2025, by the respondent no. 6 and the respondent no. 7 respectively and in those notices, it is mentioned that the petitioners are in unauthorised occupation of lands falling within the notified boundaries of Jamuna Moudanga Reserved Forest and Lutumai Reserved Forest. The notices have mentioned that while in unauthorised occupation of such reserved forest lands, the petitioners/noticees have constructed houses, planted commercial vegetation, dug ponds, cut trees and plants, etc. inside the reserved forest areas and made conversion of forest lands for agricultural purposes. The notices have further mentioned that such activities are prohibited and illegal as per the provisions of Section 24 and Section 25 of the Assam Forest Regulation, 1891, as amended. Page No.# 11/17 By the notices, the petitioners/noticees have been asked to submit their claims/representations along with the supporting documents, if any, in justification of their occupation of the parcels of land inside the notified boundaries of Jamuna Moudanga Reserved Forest and Lutumai Reserved Forest. 4. The petitioners have claimed that they, by no means, can be termed as illegal encroachers of forest lands as they have been living in the areas for the past 7-8 decades after constructing their dwelling houses, obtaining electricity connection, securing voting rights, etc. In support of their such claim, they have annexed voter lists where they their names are enrolled. It has been projected that if they are evicted pursuant to the impugned notices, dated 08.10.2025 & 10.10.2025, they would be rendered homeless in the absence of any alternative provision made by the respondent authorities for their rehabilitation. 5. Mr. Goswami, learned Additional Advocate General, Assam has submitted, Jamuna Moudanga Reserved Forest was declared as a reserved forest vide Gazette Notification no. 2965R dated 27.07.1918 and Lutumai Reserved Forest was declared as a reserved forest vide Gazette Notification no. 2863R dated 17.08.1928 in exercise of powers conferred by Section 17 of the Assam Forest Regulation. The Gazette Notifications had notified the boundaries of the two reserved forests specifically. 6. While it is contended on behalf of the petitioners that the notices are bereft of the descriptions of the lands, a submission is also made on behalf of the respondents that the petitioners also have not disclosed about the exact areas of lands of which they are in occupation and the description of those Page No.# 12/17 parcels of land. 7. Mr. Goswami, learned Additional Advocate General has submitted that if any petitioner/noticee produces any valid land documents like periodic patta, decree, sale deed, etc. in justification of the parcel of land under his/her possession, the claim of such petitioner/noticee will be given due consideration and if the parcel of land of such petitioner/noticee is found to be located beyond the boundaries of Jamuna Moudanga Reserved Forest and Lutumai Reserved Forest, the eviction exercise is not going to be carried in such situation against such petitioner/noticee. He has submitted that prior to issuance of the notices on 08.10.2025 and 10.10.2025, a joint survey was undertaken. The notices dated 08.10.2025 and dated 10.10.2025 have been issued to those persons who are found encroaching lands inside the boundaries of the said two reserved forests. 8. Mr. Goswami has further placed copies of the Orders passed by the Division Bench of this Court in PIL [Suo Moto] no. 1/2022, Writ Appeal no. 251/2025 and Writ Appeal no. 252/2025 and PIL no. 39/2025 to buttress his submission that the procedure contemplated by the notices, dated 08.10.2025 & dated 10.10.2025, is in conformity with the directions made by the Division Bench in those cases. 9. Under the Assam Forest Regulation, 1891, the State Government in exercise of the powers under Section 4 can constitute any land under disposal of the Government as a reserved forest in the manner thereafter provided. As per Section 5, whenever it is proposed to constitute any land a reserved forest, Page No.# 13/17 the State Government shall publish a notification in the Official Gazette inter alia specifying as nearly as possible the situation and limits of such land and declaring that it is proposed to constitute such land a reserved forest. Section 7 of the Assam Forest Regulation has provided for a bar of accrual of forest rights after proclamation by the Forest Settlement Officer. Finally after completion of enquiry, a Notification under Section 17 of the Assam Forest Regulation is published constituting the land as reserved forest. A Notification under Section 17 is made after consideration of all claims by the Forest Settlement Officer. Once a notification under Section 17 is published in the Official Gazette specifying the limits of the forest which it is intending to reserve and declaring the same to be reserved from a date of such notification, the rights in respect of which no claim has been preferred under Section 6 stands extinguished as per the provisions of Section 18 of the Assam Forest Regulation, 1891. After declaration of reserved forest, the acts delineated in Section 24 and Section 25 of the Assam Forest Regulation are prohibited. 10. The appellants in Writ Appeal no. 251/2025 and Writ Appeal no. 252/2025 challenged a notice dated 24.07.2025 issued to them whereby they were asked to vacate the forest land within seven days. The appellants took a stand that they were residing in the houses constructed since long. While disposing of the writ appeals by the Order dated 18.08.2025, the Division Bench has observed that henceforth if any eviction drive is undertaken for clearing the reserved forest area of all encroachments and if it is found that there are some settlers, even though unauthorised, they have to be given a reasonable period of time of 15 days, to explain under what circumstances they have set up their residence inside the reserved forest area where any non-forest activity or their presence Page No.# 14/17 attracts penal offence, and further period of 15 days for exiting the place on being asked to do so. The Division Bench has further observed that notwithstanding the fact that no procedure has been delineated, it would be only in the interest of justice that a notice of 15 days and a further time of 15 days be given to such squatters/encroachers to leave the reserved forest area. 11. Mr. Bhuyan, learned counsel for the petitioners has submitted against the Judgment rendered in W.A. no. 251/2025 and W.A. no. 252/2025, Special Leave to Appeal [C] no. 23647-23648/25 has been preferred before the Hon’ble Supreme Court of India and by an Order dated 22.08.2025, the Hon’ble Supreme Court has directed the parties to maintain status quo. He has further submitted that the Special leave to Appeal petition is likely to be listed on 14.11.2025. In such view of the matter, the respondent authorities shall await the outcome given therein. 12. On the other hand, Mr. Goswami has submitted that subsequent to 22.08.2025, PIL no. 39/2025 has been disposed of by a Division Bench of this Court on 10.09.2025 wherein the direction passed in the Order dated 18.08.2025 in Writ Appeal no. 251/2025 and Writ Appeal no. 252/2025 has been followed. The notices impugned herein, that is, notice dated 08.10.2025 and notice dated 10.10.2025 are, in essence, show cause notice whereby an opportunity has been provided to the noticees to respond to the said notice and to show cause as to why the eviction exercise contemplated therein should not be undertaken against them. The noticees have definitely the opportunity to show cause with the supporting documents that the parcels of land which are under their occupation do not come within the boundaries of the two reserved Page No.# 15/17 forests. If the noticees are able to show that the parcels of land under their occupation are outside the notified boundaries of the two reserved forests, then the respondent authorities would not have any cause of action to evict them. 13. Mr. Bhuyan has submitted that in response to the Notices dated 08.10.2025 and dated 10.10.2025, all the noticees/petitioners have not submitted their representations within the stipulated period of 15 days. Therefore, an opportunity should be granted to those noticees/petitioners who have not yet submitted their representations in response to the notices by extending the time period. 14. Mr. Goswami, learned Additional Advocate General has fairly submitted that the remaining petitioners/noticees can be allowed to submit their representations within a period of 10 days from today, that is, up to 22.11.2025 before the respondent nos. 6 & 7. 15. Having considered the submissions of Mr. Bhuyan and taking note of the submission of Mr. Goswami, this Court is of the view that the remaining noticees/petitioners who have not yet filed their representations, shall be allowed to file their representations on or before 22.11.2025. It is ordered accordingly. 16. It is observed that if any representation is received from any of the noticees/petitioners by the respondent nos. 6 & 7, they shall examine such representations and the supporting documents submitted in justification of the parcels of land he/she is in occupation and shall pass a speaking order Page No.# 16/17 thereafter. In the meantime, the respondent District Forest Authorities shall carry out a joint verification exercise with the District Revenue Authorities in respect of the parcels of land the petitioners herein have claimed to be in occupation and the joint verification report is to be prepared so that the claims of the noticees/petitioners can be considered taking into consideration the findings recorded in the said Joint Verification Report. The speaking orders to be passed on the representations shall thereafter be communicated to the petitioners/noticees forthwith thereafter. The respondent nos. 6 & 7 shall examine whether the parcels of land under the occupation of the noticees/petitioners fall outside or inside the boundaries of Jamuna Moudanga Reserved Forest and Lutumai Reserved Forest declared by Notification under Section 7 of the Assam Forest Regulation. 17. It is further observed that if any parcel of land under the occupation of any noticees/petitioners is found to be outside the boundaries of Jamuna Moudanga Reserved Forest and Lutumai Reserved Forest, no eviction exercise, as contemplated in the Notices dated 08.10.2025 and dated 10.10.2025, shall be undertaken by the respondent authorities in respect of such parcel of the land. It is further observed that if the parcels of land under the occupation of the noticees/petitioners are found inside the boundaries of Jamuna Moudanga Reserved Forest and Lutumai Reserved Forest, then the respondent authorities shall carry out the exercise to clear the Jamuna Moudanga Reserved Forest and Lutumai Reserved Forest areas in accordance with law and as per due procedure. 18. With the observations made and directions given above, the writ petition Page No.# 17/17 is disposed of. No cost. JUDGE Comparing Assistant