Page No. 1/12 GAHC010238772025 2025:GAU-AS:14574 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6114/2025 JAHIDUL ISLAM AND 25 ORS. S/O- ABDUR RASHID @ RASHID ALI, RESIDENT OF VILL.- BHATIPARA, P.S. MORNOI, DIST. GOALPARA, ASSAM, PIN- 783101. 2: SARABHANU D/O- LATE KISMAT ALI RESIDENT OF VILL.- BHATIPARA P.S. MORNOI DIST. GOALPARA ASSAM PIN- 783101. 3: ACHAR UDDIN PARAMANIK ALIAS ACHAR UDDIN S/O- LATE ABUL PARMANIK RESIDENT OF VILL.- BHATIPARA P.S. MORNOI DIST. GOALPARA ASSAM PIN- 783101. 4: ACHAN PARMANIK S/O- LATE ABUL PARMANIK RESIDENT OF VILL.- BHATIPARA P.S. MORNOI DIST. GOALPARA ASSAM PIN- 783101. 5: HEKMAT ALI ALIAS HIKMAT ALI S/O- LATE ACHAR UDDIN SHEIKH @ ACHAR UDDIN VILL.-NIZBAGHMARI P.S. MORNOI DIST. GOALPARA ASSAM Page No. 2/12 PIN- 783101. 6: JAHURA KHATUN W/O- LATE BAHAD ALI RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 7: NUR ISLAM S/O- LATE KISMAT ALI RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 8: AKKAS ALI S/O- LATE SAIFOR RAHMAN RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 9: SOBUR UDDIN AHMED S/O- LATE RAHIZUDDIN AHMED @ RAHIZUDDIN SHEIKH RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 10: AMZED ALI S/O- LATE RAHIM BOKS RESIDENT OF VILLAGE NIZBAGHMARI PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 11: SAHAR ALI S/O- LATE ABU BAKKAR SIDDIQUE RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM Page No. 3/12 PIN 783101 12: CHUBURJAN NESSA W/O- LATE ABU BAKKAR SIDDIQUE RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 13: MAYNUDDIN SHEIKH S/O- LATE ABU BAKKAR SIDDIQUE RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 14: HAZERA KHATUN D/O- LATE KISMAT ALI RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 15: SHOMESH UDDIN AHMED S/O- LATE IONAS HUSSAIN RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 16: BEHULA BEWA W/O- LATE DELOWARA HUSSAIN @ DILBAR HUSSAIN RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 17: ANSER ALI S/O- LATE SURHAB ALI RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM Page No. 4/12 PIN 783101 18: REJINA KHATUN W/O- LATE TAMCHER ALI RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 19: NUR ISLAM S/O- KHADEM ALI RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 20: AMZAD ALI S/O- LATE KURBAN ALI RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 21: SUKIRAN NESSA W/O- LATE ANTAJ ALI RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 22: KALIM UDDIN S/O- AMZED ALI RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 23: CHABURUDDIN SHEIKH S/O- NUR MOHAMMAD SHEIKH RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM Page No. 5/12 PIN 783101 24: AKBAR ALI S/O- LATE KASHEM ALI RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 25: SAHID ALI S/O- LATE KHADEM ALI RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 783101 26: NUR HUSSAIN ALI S/O- LATE TAMCHER ALI RESIDENT OF VILLAGE BHATIPARA PS MORNOI DISTRICT GOALPARA ASSAM PIN 78310 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FOREST DEPARTMENT DISPUR GUWAHATI-06. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DEPARTMENT DISPUR GUWAHATI-06. 4:THE DISTRICT COMMISSIONER GOALPARA P.O. AND DISTRICT- GOALPARA ASSAM PIN-783121. Page No. 6/12 5:THE DIVISIONAL FOREST OFFICER GOALPARA FOREST DIVISION P.O. BALADMARI P.S. AND DISTRICT- GOALPARA ASSAM PIN -783121. 6:THE DISTRICT FOREST OFFICER SOCIAL FOREST GOALPARA DIVISION P.O. BHALUKDUBI P.S. AND DISTRICT- GOALPARA ASSAM PIN -783101. 7:THE CIRCLE OFFICER MATIA REVENURE CIRCLE MATIA GOALPARA ASSAM PIN -783125 Advocate for the Petitioner : MR. A R SIKDAR, MR. S I TALUKDAR,J A SIKDAR,MR. Z H BORA Advocate for the Respondent : GA, ASSAM, FOR CAVEATOR,MR. P N GOSWAMI,MR. I KALITA,SC, REVENUE,SC, FOREST BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 29.10.2025 Heard Mr. A.R. Sikdar, 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. 1, 2, 4, 5, 6 & 7; and Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department for the respondent no. 3. 2. The petitioners, 26 [twenty-six] in nos., have joined together to institute the present writ petition under Article 226 of the Constitution to assail a set of Notice, issued to them, on Page No. 7/12 07.10.2025 under Issue no. 3180 by the respondent no. 5. 3. The common case of the petitioners, in brief, is that they have been residing in Village – Bhatipara for a nos. of decades and they have all the relevant documents pertaining to the parcels of land on which they are living. The petitioners have stated in Paragraph no. 5 of the writ petition the details of the parcels of land where they have been staying since long. The petitioners have stated that some of the parcels of land are Khas lands and some other petitioners are in occupation of Periodic Patta lands. Two of the petitioners have already been allotted land by the District authorities. The petitioners have stated that they were surprised when they were served with the Notice dated 07.10.2025 by the respondent no. 5. In the Notice, it is mentioned that the petitioners are in unauthorised occupation of lands falling within the boundaries of Dahikata Reserved Forest and while in unauthorised occupation of the reserved forest lands, they 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 Notice has 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. By the Notice, the petitioners 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 declared boundaries of Dahikata Reserved Forest. 4. The petitioners have stated that they, by no means, can be termed as illegal encroachers of forest lands as they have been living in the area for many decades after constructing their dwelling houses and obtaining electricity connection, etc. It has been projected that if they are evicted pursuant to the impugned Notice dated 07.10.2025, they would be rendered homeless in the absence of any alternative provision made by the respondent authorities for their rehabilitation. 5. Mr. Goswami, learned Standing Counsel, Forest Department has placed a Gazette Notification dated 05.04.1973 issued in exercise of powers conferred by Section 17 of the Assam Forest Regulation, 1891. As per the Notification, an area of land measuring 1685.05 Page No. 8/12 hectares [approx.] within Goalpara Sub-Division, District – Goalpara had been declared as a reserved forest by the name, Dahikata Reserved Forest. The Notification further provided the description of the boundaries of Dahikata Reserved Forest. 6. 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, 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. 7. Mr. Goswami, learned Standing Counsel, Forest Department has submitted that if any noticee produces any valid land documents like periodic patta, land allotment order, etc. in justification of the parcels of land under their occupation, the claim of such noticee would be given due consideration and if any parcel of land under occupation of any such noticee is found to be located beyond the boundaries of Dahikata Reserved Forest, the eviction exercise is not going to be undertaken in such situation against such noticee. He has submitted that prior to issuance of the Notice on 07.10.2025, a joint survey was undertaken and it was only after ascertaining the co-ordinates of Dahikata Reserved Forest and the parcels of land under unauthorised occupation, the Notice dated 07.10.2025 has been issued to those persons who are found encroaching lands inside the boundaries of Dahikata Reserved Forest. Page No. 9/12 8. Mr. Goswami, learned Standing Counsel, Forest Department has further placed copies of the Orders passed by the Division Bench of this Court in PIL [Suo Moto] no. 1 of 2022, Writ Appeal no. 251/2025 and Writ Appeal no. 252/2025 to buttress his submission that the procedure contemplated in the Notice dated 07.10.2025 is in conformity with the directions made by the Division Bench in those cases. 9. 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 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. 10. When in the context of the above observations made by the Division Bench, the contents of the impugned Notice issued on 07.10.2025 and the time-period given to the petitioners as noticees in the case in hand are considered, it is found that the Notice dated 07.10.2025 is in conformity with the above observations. The petitioners were given 15 days’ time to submit their claims/representations, if any, along with all the supporting documents, if any, in justification of their occupation of the forest land. The Notice has further provided for 15 days’ time to vacate the forest land within the boundaries of Dahikata Reserved Forest if the noticees are found in unauthorised occupation of the same. 11. Mr. Goswami has placed a set of instructions given to him by the respondent no. 5 in Page No. 10/12 an Office Letter dated 29.10.2025. As per the instructions, the joint verification of the boundaries of Dahikata Reserved Forest was carried out jointly by the Forest Department and Revenue Department officials in compliance of the directions of this Court in W.P.[C] no. 314/2024. As per the joint verification report, the parcels of land under occupation of the petitioners also fall within the reserved forest limits. It is reported that in certain revenue maps, land continued to be recorded as Government Khas land due to non-updation of records despite the Gazette Notification dated 05.04.1973. The respondent no. 5 has mentioned that those parcels of land are also within the reserved forest areas in terms of the Gazette Notification dated 05.04.1973, as found out during the joint verification with the Revenue Department officials. 12. The respondent no. 5 has further informed that pursuant to the Notice dated 07.10.2025, a number of representations have been received from the noticees, claiming land rights within the reserved forest boundaries. Those representations are presently being scrutinized jointly by the Forest Department and Revenue Department authorities and during such joint scrutiny, it is found in some cases that pattas had been issued for some parcels of land within the boundaries of the Dahikata Reserved Forest. 13. On the basis of such instructions, Mr. Goswami, learned Additional Advocate General, Assam has submitted that such ambiguous cases claiming right under Pattas/land allotment orders issued to them would be kept in abeyance for the time being and an inquiry would be sought for from the District Commissioner, Goalpara to ascertain the circumstances under which the Pattas/land allotment orders were granted inside a notified reserved forest. He has further submitted that until the outcome of such inquiry, the eviction process in respect of such specific parcels of land having patta rights, etc. would be kept in abeyance. He has further submitted that in all other cases where the noticees are found having no valid patta rights, etc. the same would be considered and examined in terms of the observations made in the Notice dated 07.10.2025 and the eviction process contemplated in the Notice dated 07.10.2025 would be carried forward in case of those noticees/petitioners which are found baseless. Page No. 11/12 14. Mr. Goswami has handed over a copy of the joint survey report dated 26.09.2025 carried out in respect of the boundaries of Dahikata Reserved Forest to Mr. Sikdar for his information. Mr. Goswami has further submitted that any representation was to be filed by the noticees/petitioners, the same ought to have been filed before the respondent no. 5 in terms of the Notice dated 07.10.2025. 15. Mr. Sikdar, learned counsel for the petitioners has submitted that though some of the petitioners have already submitted their claims/representations before the District Revenue authorities, the petitioners may be allowed to submit their claims/representations before the respondent no. 5 along with the supporting documents in justification of the parcels of land under their occupation to establish that they are not in unauthorised occupation. Pointing out that the period of 15 [fifteen] days since 07.10.2025 to submit the claim/representation has already elapsed in the meantime, he has submitted that the petitioners may be allowed 1 [one] week’s time to submit their respective claim/representation along with the supporting documents in justification of the parcels of land under their occupation. 16. Mr. Goswami, learned Additional Advocate General, Assam has submitted that the petitioners can be allowed to submit their claims/representations, at best, within a period of seven days from today, that is, upto 06.11.2025 before the respondent no. 5. The Court is of the view that the noticees/petitioners who have not filed their claims/representations in response to the Notice dated 07.10.2025 shall be allowed to file their claims/representations before the respondent no. 5 on or before 06.11.2025. It is ordered accordingly. 17. It is observed that if any claim/representation is received from any of the noticees/petitioners herein by the respondent no. 5, the respondent no. 5 shall examine such claim/representation and the supporting documents submitted in justification of the parcels of land he/she is in occupation vis-à-vis the areas of Dahikata Reserved Forest. The respondent no. 5 shall examine whether the parcels of land under the occupation of the noticees/petitioners fall inside or outside the boundaries of Dahikata Reserved Forest declared by the Notification dated 05.04.1973 and pass, as expeditiously as possible, an order thereon, which shall be communicated to the concerned claimants/represenationists forthwith Page No. 12/12 thereafter. It is further observed that if any parcel of land under occupation of any noticee/petitioner is found outside the boundaries of the Dahikata Reserved Forest, no eviction exercise, as contemplated in the Notice dated 07.10.2025, shall be undertaken by the respondent no. 5. Further, if any parcel of land under occupation of any noticee/petitioner is on the basis of any patta, land allotment order, etc., then also, no eviction exercise, as contemplated in the Notice, shall be undertaken until completion of the inquiry, as recorded in Paragraph 13 above of this Order, determining validity of the pattas and allotment order, etc. or otherwise and if anything adverse emerges against any of such noticee/petitioner then such finding shall be duly communicated. It is further observed that if the parcels of land under the occupation of the noticees/petitioners are found inside the boundaries of Dahikata Reserved Forest, then the respondent no. 3 shall carry out the exercise to clear the Dahikata Reserved Forest areas from unauthorised occupation in accordance with law and as per due procedure. 18. With the observations made and directions given above, the writ petition is disposed of. No cost. JUDGE Comparing Assistant