Magbul Hussen Alias Magkbul Hussen and 12 Ors. Vs Union of India and 11 Ors.

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GAHC010058682026

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2026:GAU-AS:8021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/1649/2026

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NEKBAR ALI ALIAS NEKBOR ALI AND 88 ORS. S/O- FAZAR ALI VILL.- LONGJUP PADUMONI HATIPARA FV, BAITHALANGSO, KAMPUR DISTRICT- NAGAON, ASSAM, PIN- 782450

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2: ISMAHIL ALI S/O- NUR ISLAM VILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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3: ALAL UDDIN

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S/O- MANIR UDDIN VILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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4: HARMUJ ALI

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S/O- USMAN ALI VILL.- JURIPAR KAMPUR DISTRICT- NAGAON ASSAM PIN- 782426

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5: ABDUL JABBAR S/O- ABDUL KHALEKVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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6: ABDUL SALAM

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S/O- ABDUL KADIR VILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSO KAMPUR DISTRICT- NAGAON ASSAMPIN- 782450

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7: ABDUL RAHIM VILL.- LONGJUP JARANI BARPANI BAGAN NAGAON DISTRICT- NAGAON ASSAM PIN- 782450 8: HASSEN ALI ALIAS HASEN ALI VILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450 9: SOHIDUL ISLAM VILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450 10: SAIDUL ISLAM S/O- ABDUL MATALIB VILL.- JURIPAR KAMPUR DISTRICT- NAGAON ASSAM PIN- 782426 11: JAKIR HUSSEN ALIAS JAKIR HUSEN S/O- AKKAS ALI VILL.- LONGJUP N. C. (LONGJUP 500-700 ARE) DISTRICTNAGAON ASSAM PIN- 782450 12: MAIN UDDIN S/O- SAMSUL HAQUE VILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450 13: GULJAR HUSSAIN ALIAS GULJAR HUSEN S/O- NAJIM UDDIN VILL.- JURIPAR KAMPUR NAGAON DISTRICT- NAGAON ASSAM PIN- 782426 14: SAHAR ALI S/O- KUSUM UDDINVILL.- JURIPAR KAMPUR NAGAON DISTRICT- NAGAON ASSAM PIN- 782426 15: AMED ALI

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S/O- ABDUL KHALEKVILL.- LONGJUP N. C. LONGJUP 500-700 ARE BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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16: ABDUL AUWAL ALIAS ABDUL AWAL S/O- ABDUL MATALIB VILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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17: ABDUL KADDUS ALIAS ABDUL KUDDUS S/O- ABDUL MATALIBVILL.- LONGJUP PADUMONI JURIPAR KAMPUR DISTRICT- NAGAON ASSAM PIN- 782426 18: JUCHANARA BEGUM ALIAS JUSENARA BEGUM W/O- KAJIM UDDIN VILL.- JURIPAR KAMPUR DISTRICT- NAGAON ASSAM PIN- 782426 19: RAHIMA KHATUN W/O- ICHAMADDIN VILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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20: HARJAT ALI S/O- ISMAT ALI VILL.- LONGJUP N.C. LONGJUP 500-700 ARE BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450 21: RAMJAN ALI S/O- ABUL KASEM VILL.- JURIPAR KAMPUR DISTRICT- NAGAON ASSAM PIN- 782426 22: ABUL KASEM S/O- FAZAR ALIVILL.- JURIPAR KAMPURDISTRICT- NAGAON ASSAMPIN- 782426

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25: SAFIKUL ISLAM ALIAS SAFIQUL ISLAM S/O- AKKAS ALI VILL.- LONGJAP JARONI BARPANI BAGAN BAITHALANGSHO

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KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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26: RUHUL AMIN

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S/O- USEN ALIVILL.- JURIPAR KAMPURDISTRICT- NAGAON ASSAMPIN- 782426

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27: MANOWARA KHATUN ALIAS MANUWARA KHATUN W/O- HASIM UDDINVILL.- BORPANI LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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28: IBRAHIM ALI S/O- KITAB ALIVILL.- BORPANI LONGJIP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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29: ANUWAR HUSSAIN ALIAS ANUWAR HUSEN S/O- IBRAHIM ALIVILL.- DAPARA DUMAIHAGI KAMPUR DISTRICT- NAGAON ASSAM PIN- 782428

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30: GULJAR HUSSAIN ALIAS GULJAR HUSEN S/O- ABDUL MAJID VILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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31: ABU BAKKAR SIDDIQUE S/O- ABDUL BARIKVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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32: SADDAM HUSSAIN ALIAS SADDAM HUSEN S/O- ABDUL MOJIDVILL.- JURIPAR KAMPURDISTRICT- NAGAON ASSAMPIN- 782426

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33: FIROJA KHATUN ALIAS FIRUJA KHATUN VILL.- 63 KACHUA ROAD JURIPAR BARPANI

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KAMPURDISTRICT- NAGAON ASSAMPIN- 782426

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34: AJGHAR ALI ALIAS AJGAR ALI

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S/O- AKKAS ALI VILL.- JURIPAR KAMPUR DISTRICT- NAGAON ASSAM PIN- 782426

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35: LOKMAN ALI ALIAS LUKMAN ALI S/O- JAMAL UDDIN VILL.- JURIPAR KAMPUR DISTRICT- NAGAON ASSAMPIN- 782426

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36: RAMJAN ALI S/O- JAMAL UDDINVILL.- JURIPAR KAMPURDISTRICT- NAGAON ASSAMPIN- 782426

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37: MUSHARAF HUSSAIN S/O- ABDUL MAJIDVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO DISTRICT- NAGAON ASSAMPIN- 782450

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38: CHAPIKUL ISLAM ALIAS SAFIQUL ISLAM S/O- NIJAM UDDINVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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39: ABDUL BARIK S/O- AMSAR ALIVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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40: HABIBUR RAHMAN S/O- CHORAT ALIVILL.- JURIPAR KAMPURDISTRICT- NAGAON ASSAMPIN- 782426

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41: MAHIBUR RAHMAN S/O- ABDUL KARIMVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAMPIN- 782450

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42: MUJAMIL HUSSEN ALIAS MUJAMMEL HUSEN

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S/O- ABDUL KARIMVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAMPIN- 782450 43: ABDUL SUBHAN S/O- ABDUL GAFURVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAMPIN- 782450 44: ABDUL KADIR S/O- EALIM UDDIN SHEKHVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAMPIN- 782450 45: HABIBUR RAHMAN S/O- ABDUL SALAM VILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO DISTRICT- NAGAON ASSAM PIN- 784250

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46: ANUWAR HUSSAIN ALIASANUWAR HUSEN S/O- ABDUL MAJIDVILL.- DAPARA KAMPUR DISTRICT- JURIPAR NAGAON ASSAMPIN- 782450

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47: ISMAIL HUSSAIN ALIAS ISMAHIL ALI S/O- ATAUR RAHMANVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHODISTRICT- NAGAON ASSAMPIN- 782450

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48: ABDUS SATTAR S/O- EALIM UDDINVILL.- LONGJUP PADUMONI BARPANI BAGHBAN KAMPURDISTRICT- NAGAON ASSAMPIN- 782450 49: ABDUL SALAM S/O- RAJAB ALIVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450

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50: ROSIDUL ISLAM ALIAS RASHIDUL ISLAM S/O- ALIM UDDINVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO

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KAMPUR DISTRICT- NAGAON ASSAMPIN- 782450 51: JAHUR UDDIN S/O- APTAR UDDINVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450 52: DILDAR HUSSAIN S/O- INTAZ ALIVILL.- LONGJUP PADUMONI JURIPAR KAMPUR NAGAONDISTRICT- NAGAON ASSAMPIN- 782426 53: INTAJ ALI S/O- LATE INNAS ALIVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450 54: JIYARUL ISLAM S/O- ABDUL KADIRVILL.- LONGJAP PADUMONI JURIPARJURIPAR KAMPURDISTRICT- NAGAON ASSAMPIN- 782426 55: JAHIRUL ISLAM S/O- ABDUL KADIRVILL.- JURIPAR BARPANI BARPANI BAGAN BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450 56: RUSTAM ALI ALIAS RUSTUM ALI S/O- SAMED ALIVILL.- 092 KACHUA ROAD RANGALU BASTI KAMPURDISTRICT- NAGAON ASSAMPIN- 782426 57: ABDUL KHALEK S/O- KASUM ALIVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAM

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58: KITAB ALI

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S/O- NAJIM UDDIN SHEIKHVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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59: JAKIR HUSSAIN ALIAS JAKIR HUSEN S/O- KITAB ALIVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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60: MAHAMMAD MASTAFA ALIAS MOHAMMOD MASTUFA S/O- KITAB ALIVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAMPIN- 782450

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61: MOKTAR HUSSAIN ALIAS MUKTAR HUSEN S/O- KITAB ALIVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAMPIN- 782450

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62: RUCHATUM ALI ALIAS RUSTUM ALI

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S/O- AYOB ALIVILL.- JURIPAR KAMPURDISTRICT- NAGAON ASSAMPIN- 782426

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63: SAHAJ UDDIN ALIAS SHAHAJ UDDIN S/O- ABDUL MANNAFVILL.- JURIPAR KAMPUR DISTRICT- NAGAON ASSAM PIN- 782450

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64: SAKIRA SULTANA S/O- AJIM ALIVILL.- JURIPAR KAMPURDISTRICT- NAGAON ASSAMPIN- 782426

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65: HAJARAT ALI S/O- SANGHSHER ALIVILL.- JURIPAR KACHUA PATIA PAM NAGAONDISTRICT- NAGAON ASSAMPIN- 782426

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66: NASAR UDDIN S/O- ABDUL MATALIB VILL.- 122 TINSUKIA

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RUPOHI JURIA DISTRICT- NAGAON ASSAM PIN- 782124 67: NASAR UDDIN S/O- ABDUL MATALIBVILL.- 122 TINSUKIA RUPOHI JURIA DISTRICT- NAGAON ASSAMPIN- 782124 68: MAJIBUR RAHMAN S/O- ABDUL SALAMVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450 69: ATAUR RAHMAN ALIAS ATABUR RAHMAN S/O- AMSAR ALIVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450 70: SHAHAB UDDIN S/O- ALAL UDDINVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450 71: INNAS ALI S/O- SULMAN ALIVILL.- JURIPAR P.O.- JURIPARDISTRICT- NAGAON ASSAMPIN- 782426 72: ABDUL KADDUS S/O- JULMAT ALIVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450 73: NIRALA BEGUM W/O- AFAJ UDDIN VILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450 74: AHAMMAD ALI ALIAS AHAMMOD ALI

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W/O- MIRAJ ALIVILL.- JURIPAR P.O.- JURIPAR KAMPURDISTRICT- NAGAON ASSAMPIN- 7782426

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75: BADRUL ISLAM S/O- SHUKKUR ALIVILL.- JURIPAR SINGIMARIDISTRICT- NAGAON ASSAMPIN- 782426

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76: MALEKA KHATUN W/O- AKKAS ALIVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450

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77: RAFIKUL ISLAM ALIAS RAFIQUL ISLAM S/O- AKKACH ALIVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450

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78: RAMIJ UDDIN S/O- MIRAJ ALIVILL.- JURIPAR P.O.- JURIPARKAMPURDISTRICT- NAGAON ASSAMPIN- 782426

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79: MANIR UDDIN ALIAS MONIR UDDIN S/O- AHAMMAD ALIVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450

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80: DILDAR HUSSAIN S/O- MANIR UDDINVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450

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81: RAFIKUL ISLAM ALIAS RAFIQUL ISLAM S/O- AKKACH ALIVILL.- JURIPAR KAMPUR NAGAONDISTRICT- NAGAON ASSAMPIN- 782426

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82: NUR HUSSEN S/O- ABDUL MALEKVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO

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KAMPURDISTRICT- NAGAON ASSAMPIN- 782450 83: DULAL MIYA S/O- LAL MAMUDVILL.- JURIPAR KAMPUR NAGAONDISTRICT- NAGAON ASSAMPIN- 782426 84: AKBAR ALI ALIAS AKBOR ALI S/O- MOJAFAR ALIVILL.- JURIPAR KAMPUR NAGAONDISTRICT- NAGAON ASSAMPIN- 782426 85: HARJAT ALI S/O- HACHEN ALIVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450 86: ABDUL MALEK S/O- LATE BECHO MIYANVILL.- DAPARA DUMAIHAGIDISTRICT- NAGAON ASSAMPIN- 782450 87: IDRICH ALI S/O- CHULAMAN ALIVILL.- JURIPAR P.O.- JURIPAR KAMPUR NAGAONDISTRICT- NAGAON ASSAMPIN- 782426 88: NIJAM UDDIN S/O- MIRAJ ALIVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSAMPIN- 782450 89: ACHAR ALI ALIAS ASAR ALI S/O- MIRAJ ALIVILL.- JURIPAR P.O.- JURIPAR KAMPUR NAGAONDISTRICT- NAGAON ASSAMPIN- 782426 90: ABDUL SWAHID ALIAS ABDUL SAHID S/O- ABDUL BAREKVILL.- LONGJUP PADUMONI HATIPARA FV

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BAITHALANGSHO KAMPUR DISTRICT- NAGAON ASSAMPIN- 782450

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91: NAJERA BEGUM W/O- FAKRUL ISLAMVILL.- LONGJUP PADUMONI HATIPARA FV BAITHALANGSHO KAMPURDISTRICT- NAGAON ASSA

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VERSUS

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THE STATE OF ASSAM AND 12 ORS.

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TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, JANATA BHAWAN ASSAM SECRETARIAT COMPLEX, DISPUR, GUWAHATI- 781006

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2:THE SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT FORESTS DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006

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3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM

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REVENUE DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006

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4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE AND WILDLIFE

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O/O THE PCCF HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 781037

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5:THE DIRECTOR GENERAL OF POLICE ASSAM

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6:THE DIVISIONAL FOREST OFFICER

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NAGAON DIVISION NAGAON ASSAM.

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7:THE DISTRICT COMMISSIONER NAGAON ASSAM 8:THE DISTRICT COMMISSIONER HOJAI ASSAM 9:THE DISTRICT LEVEL COMMITTEE FOR REMOVAL OF FOREST ENCROACHMENT TO BE REPRESENTED BY ITS CHAIRMAN THE DISTRICT COMMISSIONER NAGAON 10:THE SUPERINTENDENT OF POLICE NAGAON ASSAM 11:THE SUPERINTENDENT OF POLICE HOJAI ASSAM 12:THE CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON ASSAM. 13:THE OFFICER IN CHARGE KACHUA POLICE STATION NAGAON ASSA

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Advocate for the Petitioner : MR. A R BHUYAN, S LASKAR,MR N A MAZARBHUIYA,MR N Z CHOUDHURY

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Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, FOREST

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Linked Case : WP(C)/1694/2026

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ABDUL KARIM AND ORS S/O- ABDUL SATTAR

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RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM 2: ABDUL RAHIM S/O- JULMAT ALI RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM 3: JAIN UDDIN S/O- SAN MIYA RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM 4: ABDUL SATTAR S/O- JULMAT ALI RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM 5: AJAR UDDIN S/O- ABDUL JABBAR. RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM 6: EMAN ALI S/O- KERAMAT ALI RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM

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7: NUR JAMAL S/O- AIN UDDIN RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM

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8: AFTAR UDDIN S/O- REJAK ALI RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM 9: JAHANGIR ALOM S/O- ABDUL SATTAR RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM 10: JALAL UDDIN S/O- AHMED ALI RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM 11: WASIR UDDIN S/O- ALAL UDDIN RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM

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12: RIYAJ UDDIN S/O- ALAL UDDIN RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM

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13: TAHIR UDDIN S/O- ABDUL AJID

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RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM

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14: SAFIR UDDIN S/O- ABDUL AJID RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM

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15: KHURSHID ALOM S/O- ABDUL AJID RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM

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16: ASHIK AHMED S/O- ABDUL AJID RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM

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17: IMAM UDDIN S/O- ABDUL AJID RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM

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18: ABDUL SATTAR S/O- MAKY HUSSAIN RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON

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ASSAM

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19: ALAL UDDIN S/O- ASMAT ALI RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM

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20: FAIJUL HAQUE SON OF NURUL ISLAM RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM

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21: HUSSAIN ALI SON OF- MANNAS ALI RESIDENT OF VILL- PADUMONI TANGIA HATIPARA FOREST VILLAGE P.O.- BORPANI P.S.- KACHUA DIST- NAGAON ASSAM VERSUS

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THE UNION OF INDIA AND ORS

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TO BE REPRESENTED BY THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN BHAWAN JORBAGH ROAD NEW DELHI INDIA

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2:THE STATE OF ASSAM TO BE REPRESENTED BY THE SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FORESTS DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006

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3:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006

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4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE AND WILDLIFE O/O THE PCCF AND HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 781037 5:THE DIVISIONAL FOREST OFFICER NAGAON DIVISION NAGAON ASSAM 6:THE DISTRICT LEVEL COMMITTEE FOR REMOVAL OF FOREST ENCROACHMENT DIST- NAGAON ASSAM (REPRESENTED BY ITS MEMBER SECRETARY) 7:THE DISTRICT COMMISSIONER NAGAON DIST- NAGAON ASSAM 8:THE SUPERINTENDENT OF POLICE NAGAON DIST- NAGAON ASSAM 9:THE CIRCLE OFFICER KAMPUR REVENUE CIRCLE DIST- NAGAON ASSAM 10:THE OFFICER IN CHARGE KACHUA POLICE STATION NAGAON ASSAM -----------Advocate for : MR. A R BHUYAN Advocate for : GA ASSAM appearing for THE UNION OF INDIA AND ORS

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Linked Case : WP(C)/1691/2026 ISMAIL HUSSAIN AND ORS

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S/O- MANIR UDDIN. VILL- BARABEEL DHANSHILA ISLAMPUR. DIST- NAGAON ASSAM 2: JAMAL UDDIN S/O- SAHED ALI AGE- 42 YEARS VILL- BARABEEL DHANSHILA ISLAMPUR. DIST- NAGAON ASSAM 3: DANAS ALI S/O- LT KARAM ALI AGE- 85 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 4: TAIJ UDDIN S/O- AJIJUL HOQUE AGE- 36 YEARS

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VILL- BARABEEL DHANSHILA ISLAMPUR DIST- NAGAON ASSAM 5: YAKUB ALI S/O- ABDUL RASHID AGE- 55 YEARS VILL- LOCHNA BARIDIST- NAGAON ASSAM

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6: IDRISH ALI S/O- LT UMED ALI AGE- 62 YEARS

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VILL- NARASINGH BORI DIST- NAGAON ASSAM

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7: SAIDUL ISLAM S/O- ABDUL GONI AGE- 28 YEARS

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VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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8: JAKIR HUSSAIN S/O- ALFAJ UDDIN AGE- 25 YEARS

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VILL-BARABEEL DHANSHILA ISLAMPUR DIST- NAGAON ASSAM

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9: BILLAL MIYAN

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S/O- LT JABED ALI AGE- 73 YEARS VILL- LALUNG GAON DIST- NAGAON ASSAM 10: DIN ISLAM S/O- BILLAL MIYA AGE- 32 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 11: MAHIDUL ISLAM S/O- HAMED ALI AGE- 38 YEARS VILL- MEHERIPAR DIST- NAGAON ASSAM 12: ABDUL RASHID S/O- SHOHIDUL ISLAM AGE- 31 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 13: MUSLEM UDDIN S/O- ISHUB ALI AGE- 52 YEARS VILL- PANDITGHAT DIST- NAGAON ASSAM 14: NIJAM UDDIN S/O- ABDUL KUDDUS AGE- 50 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 15: INTAJ ALI S/O- MAFEJ ALI AGE- 65 YEARS VILL- 1 NO GAGALAMARI DIST- MARIGAON ASSAM

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16: ABU BAKKAR SIDDIK S/O- ABDUL MATALIB AGE- 30 YEARS VILL- PANDITGHAT

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KAMPUR DIST- NAGAON ASSAM 17: ARFAN ALI S/O- MIR HUSSAIN AGE- 26 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 18: MAYDUL ISLAM S/O- ISAB ALI AGE- 55 YEARS VILL- BORBIL DHANSILA ISLAMPUR DIST- NAGAON ASSAM 19: SALEHA KHATUN C/O-ABDUS SATTAR AGE-47 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 20: IKRAMUL ISLAM S/O- ABDUL SATTAR AGE- 33 YEARS VILL- PANDHIT GHAT DIST- NAGAON ASSAM 21: SHARIFUL ISLAM S/O- RAHMAT ALI AGE- 41 YEARS VILL- BORBEEL DHANSHILA ISLAPUR DIST- NAGAON ASSAM 22: FAIJUL ISLAM S/O- RUSTUM ALI AGE- 39 YEARS VILL- BARBEEL DHAN CHALA ISLAMPUR DIST- NAGAON ASSAM 23: ELIYAS AHAMMED S/O- JAYNAL ABDIN AGE- 25 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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24: IKRAMUL HAQUE

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C/O-ABDUL SATTAR AGE-38 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 25: ABDUL MATALIB S/O- REJAT ALI AGE- 51 YEARS VILL- PANDITGHAT DIST- NAGAON ASSAM 26: SAIDUL ISLAM S/O- RUSTUM ALI AGE- 43 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 27: DILDAR HUSSAIN S/O- AYUB ALI AGE- 26 YEARS VILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 28: AKATARA KHATUN C/O- NUR HUSSAIN AGE- 35 YEARS VILL- DHANSHILA DIST- NAGAON ASSAM 29: MARCHAB ALI S/O- MARFAT ALI AGE- 60 YEARSVILL- DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 30: BABUL HUSSAIN S/O- SAMAR ALI AGE- 40 YEARSVILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 31: HAMEDA KHATUN C/O- ABDUL MUTALIP AGE- 44 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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32: ABDUL KARIM S/O- LT SIDDIQUE ALI AGE- 55 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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33: OMAR ALI S/O- JALAL UDDIN AGE- 27 YEARS VILL- BARABEEL DHANSHILA ISLAMPUR DIST- NAGAON ASSAM 34: BABAR ALI S/O- KURFAN ALI AGE- 46 YEARS VILL- AMTALA DIST- NAGAON ASSAM 35: TOFAZUL ISLAM S/O- ABDUL GONI AGE- 32 YEARS VILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 36: RASHIDUL ISLAM S/O- AHAMMAD ALI AGE- 36 YEARS VILL- MADHABPARA DIST- NAGAON ASSAM 37: ABDUL REJAK S/O- IBRAHIM ALI AGE- 48 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 38: JALAL UDDIN S/O- HASIM UDDIN AGE- 42 YEARS VILL- KANDOLIMARI DIST- NAGAON ASSAM 39: NURUL ISLAM S/O- LATE MAMIN ALI AGE- 73 YEARS VILL- CHENIMARI BEEL RUPAHIDIST- NAGAON ASSAM

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40: RAHIM UDDIN S/O- ILAHI BAKS AGE- 65 YEARS VILL- LONGJUP N C

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DIST- NAGAON ASSAM 41: JAKIR HUSSAIN S/O- AYUB ALI AGE- 38 YEARS VILL- DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 42: KASEM ALI S/O- IDRISH ALI AGE- 38 YEARS VILL- BARBEEL DHANSHILA ISLAMPUR DIST- NAGAON ASSAM 43: AIMAN NESSA C/O- FAKAR UDDINAGE- 48 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 44: SAMAN ALI S/O- SAMIR UDDINAGE- 48 YEARS. VILL- GORUBAT MORANGIAL. DIST- NAGAON ASSAM 45: ABUL KASHEM S/O-ABDUL JABBAR AGE-38 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 46: ABDUL KALAM S/O- LT ABDUL JABBAR AGE- 35 YEARSVILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 47: GIYAS UDDIN S/O- ANUWAR HUSSAIN AGE- 57 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 48: NIJAM UDDIN S/O- ABDUL RASHID AGE- 41 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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49: ALI AKBAR S/O- MAHIBUL HAQUE AGE- 40 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 50: RIYAJ UDDIN S/O- ABDUL KUDDUS AGE- 33 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 51: SEKANDAR ALI S/O- SAMS UDDIN AGE- 42 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 52: ABDUL HOQUE S/O- ABDUL REJAK AGE- 27 YEARS VILL- URIAGRANT TUBUKI DIST- NAGAON ASSAM 53: RAFIKUL HUSSAIN S/O- DANESH ALI AGE- 45 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 54: SOHIDUL ISLAM S/O- MOFIJUL ISLAM AGE- 28 YEARS VILL- DIHINGBARI PATHAR DIST- NAGAON ASSAM 55: SAH ALOM S/O- ABDUL GANI AGE- 50 YEARS VILL- AMATALA DIST- NAGAON ASSAM 56: NUR HUSSAIN S/O- LT AHAMMAD ALI AGE- 73 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 57: BAHARUL ISLAM S/O- AKKACH ALI AGE- 35 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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58: AFAJ UDDIN S/O- MIR HUSSAIN AGE- 25 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 59: NAJIM UDDIN S/O- ABDUL KARIM AGE- 40 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 60: AIJUL HAQUE C/O-ABDUL HUSSEN AGE-55 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 61: ABDUL MOTALIB S/O- NIJAM UDDIN AGE- 29 YEARS VILL- BARBIL ISLAMPUR DIST- NAGAON ASSAM 62: AFAJ UDDIN C/O-ABDUL KUDDUS AGE-50 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 63: HUSSAIN ALI S/O- AHAMMAD ALI AGE- 33 YEARS VILL- KAMPUR ROAD BARABEEL DIST- NAGAON ASSAM 64: SOFIKUL HUSSAIN S/O- RAHMAT ALI AGE- 41 YEARS VILL- BORBEEL DHANSHILA ISLAPUR DIST- NAGAON ASSAM 65: ABUL HUSSAIN S/O- LT SAMAR ALI AGE- 32 YEARS VILL- BARBIL DHANSHILA ISLAMPUR DIST- NAGAON ASSAM

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66: ANAR HUSSAIN S/O- LT SAMAR ALI AGE- 30 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 67: KHUDEJA KHATUN C/O- SAMAR ALI AGE- 50 YEARS VILL- KAMPUR ROAD BARBEEL ISLAMPURDIST- NAGAON ASSAM 68: RAHAN ALI S/O- KARIM BAKS AGE- 48 YEARS VILL- BARABEEL DHANASHILA DIST- NAGAON ASSAM 69: FARUK AHMED S/O- ISMAIL ALI AGE- 33 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 70: DULAL HUSSAIN S/O- MAINU UDDIN AGE- 39 YEARS VILL- 9 NO KHERONI DIST- NAGAON ASSAM 71: ABDUCH SALAM S/O- SAHED ALI AGE- 32 YEARS VILL- BARABEEL DHANSHILA ISLAMPUR DIST- NAGAON ASSAM 72: MAJIDA KHATUN C/O- AJGAR ALI AGE- 63 YEARS VILL- JURIPAR BARPANI BAGANDIST- NAGAON ASSAM 73: AJGAR ALI S/O- ABDUL RAHIM AGE- 26 YEARS

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VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 74: ABDUL RAHIM S/O- LT IDRISS ALI AGE- 55 YEARS VILL- BARABEEL DHANSHILA ISLAMPUR DIST- NAGAON ASSAM 75: ABDUL REJAK S/O- LT SAHAB UDDIN AGE- 60 YEARS VILL- URIAGRANT TUBUKI DIST- NAGAON ASSAM 76: MANIK JAN S/O- FAKHRUL ISLAM AGE- 55 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 77: UMOR ALI S/O- SAHED ALI AGE- 36 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 78: ABDUL BASSAR S/O- ALI AKBOR AGE- 33 YEARS VILL-BARABEEL DHANASHILA DIST- NAGAON ASSAM 79: AJAR UDDIN S/O- ALI AKBOR AGE- 31 YEARS VILL- SARUCHALA DIST- NAGAON ASSAM 80: KITAB ALI S/O- MD ALI AKBAR AGE- 19 YEARS VILL- SARUCHALA DIST- NAGAON ASSAM 81: JINNAT ALI S/O- ABDUL KARIM AGE- 28 YEARS

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VILL- BARABEEL DHANSHILA ISLAMPUR DIST- NAGAON ASSAM 82: SAFIQUL ISLAM S/O- ROYSUDDIN AGE- 50 YEARSVILL- ALTANGANI JURIA DIST- NAGAON ASSAM 83: SAYED ALI S/O- ALAL UDDIN AGE- 23 YEARS VILL- BORBILL DHANCILA DIST- NAGAON ASSAM 84: ALAL UDDIN S/O- LT MAFIJ UDDIN AGE- 60 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 85: JYABUR RAHMAN S/O- RAHMAT ALI AGE- 25 YEARS VILL- BARABEEL DHANSHILA ISLAMPUR DIST- NAGAON ASSAM 86: ASIKUL RAHMAN S/O- MANIR UDDIN AGE- 55 YEARS VILL- BARBIL DHANSILA ISLAMPUR DIST- NAGAON ASSAM 87: SHORIFA KHATUN W/O- ABUL HUSSAIN AGE- 45 YEARS VILL- JURIPAR KAMPURDIST- NAGAON ASSAM 88: TAIJ UDDIN S/O- ABDUL KUDDUS AGE- 33 YEARS VILL- BARABEEL DHANSHILA ISLAMPUR DIST- NAGAON ASSAM 89: BARAK MIYA S/O- SAHED ALI AGE- 37 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR

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DIST- NAGAON ASSAM 90: MOMIN ALI S/O- CHAN MIYA AGE- 35 YEARS VILL- BARABEEL DHANASHILA DIST- NAGAON ASSAM 91: SAIFUL ISLAM S/O- ROYSUDDIN AGE- 50 YEARSVILL- SHIMALU AATI GAON PACHIM KHANDADISTNAGAON ASSAM 92: JALAL UDDIN S/O- NIJAM UDDIN AGE- 31 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 93: OMAR ALI S/O- ABDUL GANI AGE- 42 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 94: AHAMMAD ALI S/O- MAHIBUL HAQUE AGE- 49 YEARS VILL- KAMPUR ROAD PONDHIT GHAT DIST- NAGAON ASSAM 95: ABU SAMA S/O- ABDUL JABBAR AGE- 54 YEARS VILL- SALMARADIST- NAGAON ASSAM 96: JAKIR HUSSAIN S/O- SAHED ALI AGE- 51 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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97: ATIKUL ISLAM S/O- RAHMAT ALI AGE- 28 YEARS

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VILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 98: SHARIFUL ISLAM S/O- SAMS UDDIN AGE- 39 YEARS VILL- BARABILL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 99: RAHMAT ALI S/O- ABDUL HEKIM AGE- 85 YEARS VILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM

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100: ATABUR RAHMAN S/O- RAHMAT ALI AGE- 27 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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101: JIYABUR RAHMAN S/O- ALAL UDDIN AGE- 28 YEARSVILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 102: ABU KALAM S/O- ABDUL AJID AGE- 39 YEARS VILL- BARPANI BAGAN KACHUADIST- NAGAON ASSAM 103: SIRAJ UDDIN S/O- ABDUL MANNAF AGE- 62 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 104: HABIBUR RAHMAN S/O- ABDUL GANI AGE- 28 YEARS VILL- 9 NO KHERONI DIST- NAGAON ASSAM

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105: YASIN ALI S/O- MUKASHED ALI AGE- 48 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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106: INSAN ALI S/O- SHAID ALI AGE- 33 YEARS VILL-BARABEEL DHANASHILA DIST- NAGAON ASSAM 107: ABDUL JALIL S/O- AKKAS ALI AGE- 56 YEARS VILL- BORPANI ROAD NEAR MASZID BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 108: AMJAT ALI S/O- JAYNAL ABDIN AGE- 39 YEARS VILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 109: MUSTAFA ALOM S/O- LT KHAIRUL ISLAM AGE- 28 YEARSVILL- BARBEEL DAKSHIN ISLAMPUR DIST- NAGAON ASSAM 110: NASHID ALI S/O- TAIYAB ALI AGE- 38 YEARS VILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 111: NAJIT ALI S/O- TAIYAB ALI AGE- 32 YEARS VILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 112: FAIJUL ISLAM S/O- SHAHIDUL ISLAM AGE- 40 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 113: ABDUL KARIM S/O- LT NIJAM UDDIN AGE- 61 YEARS VILL- HOJ GAON DIST- NAGAON ASSAM 114: JAKIR HUSSAIN S/O- ABDUL LATIF AGE- 45 YEARS VILL- KANDHULI MARI NO 2 DIST- NAGAON ASSAM 115: MAINUDDIN S/O- JALAL UDDIN AGE- 29 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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116: KUDDUS ALI S/O- AHAMMAD ALI AGE- 35 YEARS VILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 117: HASEN ALI S/O- AHAMMAD ALI AGE- 47 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 118: HUSSAIN ALI S/O- MIR HUSSAIN AGE- 38 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 119: SHUKUR ALI S/O- ABDUL RAHIM AGE- 27 YEARS VILL- PANDITGHAT DIST- NAGAON ASSAM 120: KUTUBUL ALOM S/O- LT ASAN ALI AGE- 57 YEARSVILL- BARBIL DONSALA ISLAMPUR BARPANI DIST- NAGAON ASSAM 121: ABDUL HANNAN S/O- KUTUBUL ALAM AGE- 31 YEARS VILL- BARBIL DHANSILA ISLAMPUR DIST- NAGAON ASSAM 122: MUBARAK ALI S/O- SAMIR UDDIN AGE- 40 VILL- BARPANI BAGAH DIST- NAGAON ASSAM 123: AKKAS ALI S/O- ROMZAN ALI AGE- 75 YEARS VILL- KHAIRAMARI DIST- NAGAON ASSAM 124: MUKSIDUL ISLAM S/O- KASUM ALI AGE- 36 YEARS VILL- UDHANTULA DIST- NAGAON ASSAM

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125: ABU HANIFA

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S/O- ABDUL CHAMED AGE- 35 YEARS VILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 126: ABU BAKKAR SIDDIK S/O- ABDUL MATALIB AGE- 30 YEARS VILL- PANDITGHAT KAMPURDIST- NAGAON ASSAM 127: HARUN RASHID S/O- ABU BAKKAR SIDDIQUE AGE- 39 YEARS VILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 128: AHAMAT ALI S/O- LT ABDUL GAFUR AGE- 48 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 130: ALI AKBAR S/O- ABDUL JALIL AGE- 32 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 131: LAL MIYA S/O- LT KARIM BAKS AGE- 59 YEARSVILL- BORBIL ISLAMPUR DISTNAGAON ASSAM 132: MAFIJ UDDIN S/O- DANESH ALI AGE- 51 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 133: MUKSIDUL ISLAM S/O- LT SHAMAR ALI AGE- 35 YEARSVILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 134: ISMAT ALI S/O- SAYED ALI AGE- 26 YEARSVILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 135: HASMAT ALI S/O- LT IDRISH ALI AGE- 40 YEARSVILL- BARABEEL DHANASHILA BORPANI DIST- NAGAON ASSAM

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136: HORIDUL ISLAM S/O- SURUJ ALI AGE- 30 YEARS VILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM

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137: NAJRUL ISLAM S/O- KUDDUS ALI AGE- 30 YEARSVILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 138: HAMIDA KHATUN C/O- SAN MIYANAGE- 40 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 139: FAIJUL HAQUE S/O- KUDDUS ALI AGE- 40 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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140: JAIN UDDIN S/O- ABDUL JABBAR AGE- 68 YEARS VILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM

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141: KASEM ALI S/O- ABDUL JABBAR AGE- 49 YEARSVILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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142: SURUJ ALI S/O- ABDUL RAHMAN AGE- 60 YEARSVILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM

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143: ABDUL MANNAN S/O- AMIR HUSSAIN AGE- 38 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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144: RAJAB ALI S/O- AMIR HUSSAIN AGE- 36 YEARS VILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM

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145: SAIDUL ISLAM

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S/O- MIRAJ ALI AGE- 42 YEARSVILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 146: GULJAR HUSSAIN S/O- LT SAMIR UDDIN AGE- 47 YEARSVILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 147: FAKRUL ISLAM S/O- MAHAMMAD ALI AGE- 45 YEARS VILL- JARA MARI DIST- NAGAON ASSAM 148: SHARIF UDDIN S/O- JAHED ALI AGE- 45 YEARSVILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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149: GULJAR HUSSAIN S/O- LT ASAN ALI AGE- 40 YEARSVILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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150: AZIZUL ISLAM S/O- KASUM ALI AGE- 32 YEARSVILL- UDHANTULADIST- NAGAON ASSAM

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151: MUKSHIDUL ISLAM S/O- SAMIR UDDIN AGE- 42 YEARSVILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 152: NIJAM UDDIN S/O- SURJ ALI AGE- 32 YEARSVILL- BORBIL BORPANI DIST- NAGAON ASSAM

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153: JALAL UDDIN S/O- LATE MAFIJ UDDIN AGE- 65 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 154: AJIJUL HAQUE S/O- KUDDUS ALI AGE- 40 YEARSVILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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155: DILDAR HUSSAIN S/O- AYUB ALI AGE- 26 YEARS VILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM

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156: ANJAR HUSSAIN S/O- AYUB ALI AGE- 26 YEARS VILL- BARBILL DHANSHILA ISLAMPUR DIST- NAGAON ASSAM

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157: ANARUL ISLAM S/O- SURUJ ALI AGE- 40 YEARSVILL- BARABEEL DHANSALA ISLAMPUR DIST- NAGAON ASSAM

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158: HAJRAT ALI S/O- ABDUL HUSSEN AGE- 55 YEARSVILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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159: SAHED ALI S/O- ABDUL SAMED AGE- 28 YEARSVILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM 160: ROFIKUL ISLAM S/O- RAHIM UDDIN AGE- 39 YEARS

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VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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161: HABIBUL ISLAM S/O- RAHIM UDDIN AGE- 33 YEARSVILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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162: ABDUL HANNAN S/O- AMIR HUSSAIN AGE- 44 YEARSVILL- BARBEEL DHANASHILA ISLAMPUR DIST- NAGAON ASSAM

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163: MANNAS ALI S/O- NAJIM UDDIN AGE- 48 YEARSVILL- ISLAMPUR DHANASHILA DIST- NAGAON ASSAM

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164: JAMAL HUSSEN

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S/O- LT ASAN ALI AGE- 46 YEARSVILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 165: SIDDIKUL ISLAM S/O- SAMAR ALI AGE- 46 YEARSVILL- BARBEEL ISLAMPUR BORPANI DIST- NAGAON ASSAM 166: MUBARAK ALI S/O- SAMIR UDDIN AGE- 40 YEARS VILL- BARPANI BAGAH DIST- NAGAON ASSAM 167: HAMIDA KHATUN C/O- AJIJUL HAQUEAGE- 45 YEARSVILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 168: KHALILUR RAHMAN S/O- LT RAKAMAN ALI AGE- 64 YEARS VILL- BORBIL DHANSILA ISLAMPUR BORPANI DIST- NAGAON ASSAM 169: AMIR HUSSAIN C/O-ABDUR RAHMAN AGE-60 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 170: HAMEDA KHATUN C/O- ABDUL MUTALIP AGE- 44 YEARSVILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 171: HANIF ALI C/O-ABDUL HAMID AGE-49 YEARS VILL- BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 172: RAMJAN ALI C/O-SHWAHIDUL ISLAM AGE-45 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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173: ABDUL SATTAR C/O-LATE HURMUJ ALI AGE-45 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 174: NURJHAN BEGUM C/O-CHALIM UDDIN. AGE-64 YEARSR/O-VILL-PUB FUTALJAR DIST -NAGAON ASSAM 175: ABDUL MATALIB C/O-KERAMAT ALI. AGE-75 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 176: MUSLEM UDDIN C/O-HABEJ ALI AGE-55 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 177: FATIMA KHATUN C/O-MANTAJ ALI AGE-56 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 178: HASNARA KHATUN C/O-LATE ABDUL MATALIB AGE-40 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 179: SARUFA KHATUN C/O-HABIBUR RAHMAN AGE-42 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 180: MUKSIDUL ISLAM C/O-MAJIBUR RAHMAN AGE-29 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 181: JAIDA KHATUN

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C/O-RAMJAN ALI AGE-34 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 182: NURUL AMIN C/O-LATE OMAR ALI AGE-56 YEARS R/O-LAHARIGHAT MORIGAON ASSAM 183: MOIN UDDIN C/O-IMAM ALI AGE-33 YEARS R/O-VILL CHAHARIA PAM BHURAGAON DIST -MORIGAON ASSAM 184: IMAMUL HOQUE C/O-MUJAMMIL HUSSAIN AGE-30 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 185: RASIDUL HOQUE C/O-IBRAHIM ALI AGE-31 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 186: SADDAM HUSSAIN S/O- LAL MIYA AGE- 28 YEARSVILL- BARBEEL DHANSHILA ISLAMPUR DIST- NAGAON ASSAM 187: FIRUJA KHATUN C/O-KARAM ALI AGE-47 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM

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188: DILUWARA KHATUN C/O-ABDUL RASID AGE-36 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 189: SAMSUL HOQUE C/O-MAJUM ALI AGE-55 YEARS R/O-GEREKANI BILL DHING DIST -NAGAON ASSAM 190: MAMIN ALI C/O-ABDUL KARIM AGE-46 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 191: SAFIQUL ISLAM C/O-DANESH ALI AGE-40 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 192: BEGUM C/O-SAHAR ALI AGE-50 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 193: A KADIR C/O-HABIBUR RAHMAN AGE-42 YEARS

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VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 194: A KHALEK C/O-HABIBUR RAHMAN AGE-37 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 195: ABDOLLAH C/O-IMAN ALI AGE-25 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 196: ANAR HUSSAIN C/O-SAMAR ALI AGE-30 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 197: AMINUL HOQUE C/O-JIYABUR RAHMAN AGE-24 YEARSR/O-ROWMARI DIST -NAGAON ASSAM 198: FAJZLUL HOQUE C/O-JABAN ALI AGE-52 YEARSR/O-JURIA RUPAHI DHINGBARI PATHARDIST -NAGAON ASSAM 199: AYUB ALI C/O-SABED ALI AGE-68 YEARS

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R/O- VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 200: NURUDDIN HUSSAIN C/O-ABDUL KARIM AGE-46 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 201: ASAHABUL ALI C/O-MANTAJ ALI AGE-36 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 202: A HALIM C/O-TALEB ALI AGE-66 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 203: ABBAS ALI C/O-HAJI MANIR UDDIN AGE-77 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 204: HAJRAT ALI C/O-HUSSEN ALI AGE-46 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 205: AKBAR ALI C/O-HUSSEN ALI AGE-42 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 206: ABED ALI

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¶214

C/O-YAKUB ALI

¶215

AGE-40 YEARS R/O-ROWMARI RUPAHIDIST -NAGAON ASSAM 207: SAMSUL HOQUE C/O-LATE AYUB HOQUE AGE-42 YEARSR/O- VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 208: NURUL ISLAM C/O-IBRAHIM ALI. AGE-50 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 209: ABUL HUSSAIN C/O-ABDUL AZID AGE-30 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 210: ASIRUN NESSA C/O-ABDUL KUDDUS AGE-62 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 211: IYAD ALI C/O-YAKUB ALI AGE-51 YEARS VILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 212: MARFAT ALI C/O-LATE HUSSAIN ALI

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¶217

AGE-62 YEARSVILL-BARBEEL DHANCHILA ISLAMPUR DIST- NAGAON ASSAM 213: A RAHMAN C/O-FAKRUL ISLAM AGE-30 YEARS VILL-JENGANI GAON DHING DIST -NAGAON ASSAM VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 2:THE SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FORESTS DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE AND WILDLIFE O/O THE PCCF HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 781037. 5:THE DIVISIONAL FOREST OFFICER NAGAON DIVISION NAGAON ASSAM 782001

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¶219

6:THE DISTRICT LEVEL COMMITTEE FOR REMOVAL OF FOREST ENCROACHMENT OFFICE OF THE DIVISIONAL FOREST OFFICER NAGAON FOREST DIVISION NAGAON ASSAM 782001 7:THE DISTRICT COMMISSIONER NAGAON ASSAM 782001 8:THE DISTRICT COMMISSIONER MORIGAON ASSAM 782105 9:THE DISTRICT COMMISSIONER HOJAI 782442 10:THE SUPERINTENDENT OF POLICE NAGAON ASSAM 782001 11:THE SUPREINTENDENT OF POLICE MORIGAON ASSAM 782105 12:THE SUPREINTENDENT OF POLICE HOJAI 782442 13:THE CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON ASSAM 782426 14:THE OFFICER IN CHARGE KACHUA POLICE STATION NAGAON ASSAM 782426

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¶221

-----------Advocate for : MR. A R BHUYAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND ORS

¶222

Linked Case : WP(C)/1633/2026

¶223

MIR HUSSAIN AND 52 ORS S/O LT. JABED ULLAH VILLAGE JAMUNA MOUDANGA KRISHIPAM NIGAM DISTRICT-NAGAON ASSAM

¶224

2: MOKTER ALI

¶225

S/O - MAYARUF ALI VILLAGE - PUB JAMUNA GAON DISTRICT - NAGAON ASSAM

¶226

3: MD JAINAL ABDIN

¶227

S/O - ABDUL KHALIK VILLAGE - PUB JAMUNA GAON DISTRICT - NAGAON ASSAM

¶228

4: ABDUL LATIB

¶229

S/O - HARAFAN ALI ALIAS IRFAN ALI VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶230

5: ABDUL HEKIM

¶231

S/O - LT TAJMUL ALI VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶232

6: ANWARA BEGUM

¶233

D/O KUTUB ALI VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶234

7: AKLIMA KHATUN

¶235

W/O - ABDUL HEKIM VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶236

8: SAMIRUN NESSA

¶237

D/O - NAZIM UDDIN VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶238

9: AZIR UDDIN

¶239

S/O - ABDUL HEKIM VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶240

10: JABEDA KHATUN

¶241

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W/O - ABDUR RAHIM VILLAGE SADAR GAON DISTRICT NAGAON ASSAM

¶243

11: SHARIF UDDIN S/O ABDUL KHALIK VILLAGE KAROIGURI DISTRICT NAGAON ASSAM

¶244

12: MUHIBUR RAHMAN S/O INTAJ ALI VILLAGE HATIKHALI DISTRICT NAGAON ASSAM

¶245

13: FAYAJ ALI S/O RASID ALI VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶246

14: JAHANARA BEGUM D/O - TUWAKUL ALI VILLAGE JAMUNA MOUDANGA KRISHIPAM NIGAM DISTRICT HOJAI ASSAM

¶247

15: KULSUMA BEGUM

¶248

W/O - ABDUL HANNAN VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶249

16: RAHMAN ALI

¶250

S/O SIRAJ UDDIN VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶251

17: ALFATUN NESSA

¶252

W/O MASADDAR ALI VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶253

18: ABDUL MALIK S/O ISMAIL ALI VILLAGE AMBARI DISTRICT NAGAON ASSAM

¶254

19: ISLAM UDDIN C/O ABDUL HASIM VILLAGE PUB JAMUNA GAON DISTRICT HOJAI ASSAM

¶255

20: ABDUL KUDDUS S/O ISMAIL ALI VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶256

21: MOINUL HAQUE

¶257

S/O LT. ARAPIJ ALI VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶258

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22: GIYAS UDDIN

¶260

S/O HUSSAIN AHMED VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶261

23: JALAL UDDIN

¶262

S/O ABDUL RAHIM VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶263

24: JAMIR UDDIN

¶264

S/O MAJAHID ALI VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶265

25: ALI HUSSAIN

¶266

S/O JALAL UDDIN VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶267

26: CHAMPA BEGUM

¶268

W/O LATU MIYAN VILLAGE PASCHIM MOUDANGA KRISHIPAM DISTRICT NAGAON ASSAM

¶269

27: ALA UDDIN

¶270

S/O LT YUSUF ALI VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶271

28: ABDUL MANNAN

¶272

S/O LT. IDRISH ALI VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶273

29: BADAR UDDIN

¶274

S/O ABDUL MANNAN VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶275

30: ABDUL HASIM

¶276

S/O SAFAR ALI VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶277

31: ABDUL ROUF

¶278

S/O MUKSED ALI VILLAGE DAKHIN BHEDEOATI DISTRICT HOJAI ASSAM

¶279

32: MOIN UDDIN

¶280

S/O MAKASHED ALI VILLAGE JAMUNA MOUDANGA KRISHIPAM NIGAM DISTRICT HOJAI ASSAM

¶281

33: AMIR UDDIN

¶282

S/O LT. FACHANDRA ALI VILLAGE PUB JAMUNA GAON DISTRICT NAGAON

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¶284

ASSAM

¶285

34: MAHAMMAD ABDULLA S/O ABDUL KARIM VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶286

35: SIABUR RAHMAN S/O ATAUR RAHMAN VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶287

36: ABDUL MANNAN S/O LT. RAJAB ALI VILLAGE JAMUNA MOUDANGA KRISHIPAM NIGAM DISTRICT NAGAON ASSAM

¶288

37: ABDUL JALIL

¶289

S/O BASIR ALI VILLAGE JAMUNA MOUDANGA KRISHIPAM NIGAM DISTRICT NAGAON ASSAM

¶290

38: JAKIR HUSSAIN

¶291

S/O ALIM UDDIN VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶292

39: MAIJUL HAQUE S/O ABBAS ALI VILLAGE SHINGGARI DISTRICT NOWGAON ASSAM

¶293

40: MUSLIMA BEGUM D/O TUWAKUL ALI VILLAGE JAMUNA MOUDANGA KRISHIPAM NIGAM DISTRICT HOJAI ASSAM

¶294

41: MOINUL ISLAM

¶295

S/O JAFAR ALI VILLAGE PACHIM BAGARI DISTRICT NAGAON ASSAM

¶296

42: JAFAR ALI

¶297

S/O SULTAN ALI VILLAGE PUB JAMUNA DISTRICT NAGAON ASSAM

¶298

43: ALI HUSSAIN

¶299

S/O ICHAHAK ALI VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶300

44: SHARIF UDDIN

¶301

S/O ABDUL KARIM VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶302

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45: JAMIR UDDIN

¶304

S/O LT. SIRAJ UDDIN VILLAGE JAMUNA MOUDANGA KRISHIPAM NIGAM DISTRICT NAGAON ASSAM

¶305

46: MASKANDAR ALI

¶306

C/O ANFAR ALI VILLAGE JAMUNA MOUDANGA DISTRICT NAGAON ASSAM

¶307

47: ALA UDDIN

¶308

S/O ABDUL LATIF LASKAR VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶309

48: HIFJUR RAHMAN

¶310

S/O ABDUL JALIL VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶311

49: ABDUL JALIL

¶312

S/O ABDUL KADER VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶313

50: LAL MIYAN

¶314

S/O KURMAN ALI VILLAGE PUB JAMUNA DISTRICT NAGAON ASSAM

¶315

51: AFIYA BEGUM

¶316

W/O MUSABBIR ALI VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶317

52: ABDUL MANNAN

¶318

S/O LT ABDUL KHALIK VILLAGE PUB JAMUNA GAON DISTRICT NAGAON ASSAM

¶319

53: SIRAJ UDDIN

¶320

S/O TINU MIYAN VILLAGE SWAPUR GAON DISTRICT NAGAON ASSAM VERSUS

¶321

THE STATE OF ASSAM 8 ORS TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006

¶322

2:SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM

¶323

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¶324

ENVIRONMENT FORESTS DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 3:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 4:PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE AND WILDLIFE O/O THE PCCF HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 781037.

¶325

5:DIVISIONAL FOREST OFFICER

¶326

NAGAON SOUTH DIVISION HOJAI ASSAM

¶327

6:DISTRICT COMMISSIONER

¶328

HOJAI ASSAM

¶329

7:SUPERINTENDENT OF POLICE

¶330

HOJAI ASSAM 8:CIRCLE OFFICER DOBOKA REVENUE CIRCLE HOJAI ASSAM

¶331

9:OFFICER IN CHARGE MURAJHAR POLICE STATION HOJAI ASSAM. -----------Advocate for : MR. A R BHUYAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM 8 ORS

¶332

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¶333

Linked Case : WP(C)/1620/2026

¶334

ATAUR RAHMAN AND 49 ORS C/O- LATE ABDUL MANNAN VILLAGE - UDMARI DISTRICT - NAGAON PINCODE - 782440 STATE - ASSAM

¶335

2: ABDUL MATIN C/O - SAFIQUR RAHMAN

¶336

VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶337

3: SAFIQUR RAHMAN

¶338

C/O - AMIR ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶339

4: TOIBUR RAHMAN

¶340

C/O - MATAHIR ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶341

5: MD LUTFUR RAHMAN

¶342

C/O - MATAHIR ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶343

6: KHAIRUL JAMAL

¶344

C/O - MATAHIR ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶345

7: MAYARUN NESSA

¶346

C/O - LT AMIR ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶347

8: MD ABDULLA

¶348

VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶349

9: ABDUR RAHMAN

¶350

C/O LT. AKIL ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶351

10: SAYED AHMED

¶352

C/O - LT AMIR ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶353

11: ATAUR RAHMAN

¶354

C/O - MATAHIR ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶355

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¶356

12: MD MAHARAM ALI

¶357

C/O - LT MAHAMAD ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶358

13: JUBER AHMED

¶359

C/O - LT MOIN UDDIN VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶360

14: ABDUL KAYUM

¶361

C/O - LT. SHAKAT ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶362

15: ABDUL KHALIQUE

¶363

C/O - ABDUL MANAF VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶364

16: ABDUL HANNAN

¶365

C/O LT KUTU MIYAN VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶366

17: AYBUR RAHMAN

¶367

C/O - LT ABDUL ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶368

18: ROIS ALI

¶369

C/O TAYAB ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶370

19: NASIR UDDIN

¶371

C/O - SAJID RAZA VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶372

20: KAMRUL ISLAM

¶373

C/O - ABDUL MANNAN VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶374

21: KOPIL UDDIN

¶375

C/O - SAYAR ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶376

22: ABDUL MALIK

¶377

C/O ALA UDDIN VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶378

23: MD LUTFUR RAHMAN

¶379

C/O - LT HARISH ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶380

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¶381

24: ELAS ALI

¶382

C/O - LT HARUS ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶383

25: SHAIUB ALI

¶384

C/O - LT MAHAMAD ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶385

26: AJIMA BEGUM

¶386

C/O - ARFAN ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶387

27: NOOR AHMED

¶388

C/O - SIDDIQUE ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶389

28: ABDUL MANNAN

¶390

C/O - KUTU MIYAN VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶391

29: MALIKUR RAHMAN

¶392

C/O MATSIN ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶393

30: ABDUS SATTAR

¶394

C/O - LT AMIR ALIVILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶395

31: MD ABDUL SUBUR

¶396

C/O - ALA UDDIN VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶397

32: MD SURMAN ALI

¶398

C/O - INTAJ ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶399

33: TAHIR ALI

¶400

C/O - HARUS ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶401

34: ABDUL WAHID

¶402

C/O - SHAKAT ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶403

35: ABDUR REJAK

¶404

C/O - JUWAID ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶405

Page No.# 56/237

¶406

36: ZAHIR UD DIN

¶407

C/O - ABDUL MANNAN VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶408

37: MD MUSLIM ALI

¶409

C/O - LT. SIKANDAR ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶410

38: SHAKIR HUSSAIN C/O- MASKANDAR ALI

¶411

VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶412

39: MD ABDUL KARIM

¶413

C/O - AKIL ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶414

40: ABDUL GONI

¶415

C/O - MOIN UDDIN VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶416

41: MAHIBUR RAHMAN

¶417

C/O - MATAHIR ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶418

42: AZIZUR RAHMAN

¶419

C/O - MOTASIN ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶420

43: ABDUL KALAM

¶421

C/O -LT. SHAKAT ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶422

44: FAKAR UDDIN

¶423

C/O - MAKRAM ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶424

45: ABDUS SUFAN

¶425

C/O - ROIS ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶426

46: ABDUL SHAHID

¶427

C/O - SAFIQUR RAHMAN VILLAGE - UDMARI DISTRICT - NAGAON PINCODE - 782440 STATE - ASSAM

¶428

47: RATNA BEGUM

¶429

C/O - NURUL HAQUE VILLAGE - UDMARI DISTRICT - NOGAON PINCODE -

¶430

Page No.# 57/237

¶431

782440 STATE - ASSAM

¶432

48: ABDUL MANNAN C/O - LT AMIR ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM

¶433

49: ABDUL KADIR C/O - MUSLIM ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM 50: IBRAHIM ALI C/O - TAJAMUL ALI VILLAGE - UDMARI DISTRICT - NOGAON PINCODE - 782440 STATE - ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 2:SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT FORESTS DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 3:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 4:PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE AND WILDLIFE O/O THE PCCF HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 781037 5:DIVISIONAL FOREST OFFICER SOUTH NAGAON DIVISION HOJAI

¶434

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¶435

ASSAM

¶436

6:DISTRICT COMMISSIONER HOJAI ASSAM 7:SUPERINTENDENT OF POLICE HOJAI ASSAM 8:CIRCLE OFFICER DOBOKA REVENUE CIRCLE HOJAI ASSAM

¶437

9:OFFICER IN CHARGE MURAJHAR POLICE STATION HOJAI ASSAM -----------Advocate for : MR A R BHUYAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS

¶438

Linked Case : WP(C)/1708/2026

¶439

RIYAJ UDDIN AND 14 ORS S/O SABED ALI R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM 2: JAHANGIR ALOM S/O ABUL HUSSAIN MOULANA R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM

¶440

3: JIABUR RAHMAN S/O ALI ISLAM R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM

¶441

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¶442

4: HABIJ UDDIN S/O LT USUF ALI R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM 5: ABUL HUSSAIN S/O LT ISAB ALI R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM

¶443

6: BABUL HUSSAIN S/O SARAFAT ALI R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM 7: AFAJ UDDIN S/O RAJAB ALI R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM

¶444

8: SAHAR UDDIN S/O SABED ALI R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM 9: MURMUJ ALI S/O LT MAHAR ALI R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM

¶445

10: ABUL HASSEN S/O BABAR ALI R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM

¶446

Page No.# 60/237

¶447

11: TAIYAB ALI S/O LT EDIR ALI R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM 12: SAMSUL HOQUE ALIAS SAMSUL UDDIN S/O JAMDAR ALI R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM 13: HABIBUR RAHMAN S/O ALI ISLAM R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM 14: JAMDAR ALI S/O SURJAT ALI R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM 15: SAJAHAN ALI S/O ABUL KALAM R/O 9 NO KHERONI TONGIA PS KACHUA DIST NOGAON ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT FOREST AND CLIMATE CHANGE DEPARTMENT DISPUR GUWAHATI- 06 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR

¶448

Page No.# 61/237

¶449

GHY 06

¶450

3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ARANYA BHAWAN PANJABARI GHY ASSAM PIN 781037 4:THE DIVISIONAL FOREST OFFICER NAGAON FOREST DIVISION NAGAON ASSAM PIN 782001 5:THE DISTRICT COMMISSIONER NAGAON ASSAM PIN 782001 -----------Advocate for : MR B M DEKA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS

¶451

Linked Case : WP(C)/1616/2026

¶452

ABU BAKKAR AND 19 ORS C/O- NAJIR UDDIN VILL- 74 PACHIM JAMUNA GAON DIST- HOJAI

¶453

2: MAHARAM ALI C/O- ABDUL BARI VILL- 72 PACHIM JAMUNA GAON ROAD DIST- HOJAI

¶454

3: ABDUL MATLIB C/O- RAMICH UDDIN VILL- 99 PACHIM JAMUNA ROAD DIST- HOJAI

¶455

4: DULAL AHMED C/O- HAZRAT ALI VILL-PACHIM JAMUNA GAON DIST- HOJAI 5: SAMJID ALI C/O- MUDARIS ALI VILL- PACHIM JAMUNA GAON DIST- HOJAI

¶456

6: KAMAR UDDIN

¶457

C/O- ALI RAJA VILL- 044 UDMARI GAON ROAD DIST- HOJAI

¶458

7: ISMAIL ALI

¶459

Page No.# 62/237

¶460

C/O- JONAB ALI VILL- 02 PUB JAMUNA GAON ROAD DIST- HOJAI

¶461

8: ABDUL KHALIK

¶462

C/O- MAKLIS ALI VILL-PACHIM JAMUNA GAON DIST- HOJAI

¶463

9: HUSSAIN AHMED

¶464

C/O- MAKBUL ALI VILL-PACHIM JAMUNA GAON DIST- HOJAI

¶465

10: BATAI MIYA

¶466

C/O- MOIAR ALI VILL- GHUNIRPAR DIST- HOJAI

¶467

11: NASIR UDDIN

¶468

C/O- ABDUL MANNAF VILL- UDMARI DIST- HOJAI

¶469

12: MOHAMMAD HASON AHMED C/O- YASIN ALI VILL-PACHIM JAMUNA GAON DIST- HOJAI

¶470

13: ASAB UDDIN

¶471

C/O- ALI RAJA VILL- 043 UDMARI GAON ROAD DIST- HOJAI

¶472

14: JAMAL UDDIN

¶473

C/O- FAIJUR ALIAS FOIJUR RAHMAN VILL- PACHIM JAMUNA GAON DISTHOJAI

¶474

15: TAJ UDDIN

¶475

C/O- MAHMAD ALI VILL- 65 PACHIM JAMUNA GAON ROAD DIST- HOJAI

¶476

16: MD ALAUR ALIAS ALAUR RAHMAN C/O- LATE ABDUR RAHMAN VILL- UDMARI DIST- HOJAI

¶477

17: KACHIM ALI LASKAR

¶478

C/O- WAZID ALI LASKAR VILL-PACHIM JAMUNA GAON DIST- HOJAI

¶479

18: KHAIRUL ISLAM LASKAR

¶480

C/O- WAZID ALI LASKAR VILL-PACHIM JAMUNA GAON DIST- HOJAI

¶481

19: SAHARBAN BIBI

¶482

C/O- MATIUR RAHMAN VILL-PACHIM JAMUNA GAON ROAD DIST- HOJAI

¶483

20: ALIM UDDIN

¶484

C/O- KUTUB ALIAS KUUTUB ALI VILL- 114 PACHIM JAMUNA GAON ROAD DIST- HOJAI VERSUS

¶485

THE STATE OF ASSAM AND 8 ORS

¶486

TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM

¶487

JANATA BHAWAN ASSAM SECRETARIAT COMPLEX

¶488

Page No.# 63/237

¶489

DISPUR GUWAHATI- 781006 2:SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FORESTS DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR GUWAHATI- 781006 3:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 4:PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE AND WILDLIFE O/O THE PCCF HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 781037.

¶490

5:DIVISIONAL FOREST OFFICER NAGAON SOUTH DIVISION HOJAI ASSAM 6:DISTRICT COMMISSIONER . HOJAI ASSAM

¶491

7:SUPERINTENDENT OF POLICE

¶492

HOJAI ASSAM

¶493

8:CIRCLE OFFICER DOBOKA REVENUE CIRCLE HOJAI ASSAM

¶494

9:OFFICER IN CHARGE MURAJHAR POLICE STATION HOJAI ASSAM ------------

¶495

Page No.# 64/237

¶496

Advocate for : MR. A R BHUYAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS

¶497

Linked Case : WP(C)/1618/2026

¶498

MAGBUL HUSSEN ALIAS MAGKBUL HUSSEN AND 12 ORS C/O JANAB ALI VILLAGE JURIPAR P.O. - JURIPAR DIST. NAGAON ASSAM PIN -782426. 2: TARA BANU W/O AKKAS ALI VILLAGE - JURIPAR P.O. - JURIPAR DIST. NAGAON ASSAM PIN -782426. 3: OMAR PHARUK S/O FARIDUL ISLAM VILLAGE - JURIPAR P.O. - JURIPAR DIST. NAGAON ASSAM PIN -782426 4: SAFIQUL ISLAM S/O ABDUL HASEN VILLAGE - JURIPAR P.O. - JURIPAR DIST. - NAGAON ASSAM PIN -782426. 5: SIRAJUL ISLAM S/O - ABDUL HASEN .VILLAGE - JURIPAR P.O. - JURIPAR DIST. - NAGAON ASSAM PIN -782426. 6: BABUL HUSSEN

¶499

Page No.# 65/237

¶500

S/O AKKAS ALI .VILLAGE - JURIPAR P.O. - JURIPAR DIST. - NAGAON ASSAM PIN-782426. 7: AIN HAQUE S/O HAMED ALIVILLAGE - JURIPAR P.O. - JURIPAR DIST. - NAGAON ASSAM PIN -782426. 8: ABDUL ALI S/O SAHAR ALI VILLAGE - JURIPAR P.O. - JURIPAR DIST. - NAGAON ASSAM PIN -782426. 9: ABDUL SUBAN S/O - ABDUL MANNA VILLAGE - JURIPAR P.O. - JURIPAR DIST. - NAGAON ASSAM PIN -782426. 10: KAMAL UDDIN S/O - SUKUR ALI VILLAGE - LONGJUP PADUMONI P.O. - BAITHALANGSHO DIST.- NAGAON ASSAM PIN - 782426.

¶501

11: MD IDRIS ALI S/O - MARJAT ALI VILLAGE - JURIPAR P.O. - JURIPAR DIST. - NAGAON ASSAM PIN-782426.

¶502

Page No.# 66/237

¶503

12: NURJAHAN BIBI C/O AJIM UDDIN VILLAGE - JURIPAR P.O. - JURIPAR DIST. - NAGAON ASSAM PIN -782426.

¶504

13: AKKAS ALI S/O- JAMDAR ALI VILLAGE - JURIPAR P.O. - JURIPAR DIST. - NAGAON ASSA PIN-782426 VERSUS

¶505

UNION OF INDIA AND 11 ORS

¶506

TO BE REPRESENTED BY THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN BHAWAN JORBAGH ROAD NEW DELHI INDIA.

¶507

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 FORESTS DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI -781006 4:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI - 781006.

¶508

Page No.# 67/237

¶509

5:PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE AND WILDLIFE O/O THE PCCF HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI -781037. 6:DIVISIONAL FOREST OFFICER NAGAON DIVISION NAGAON ASSAM. 7:DISTRICT COMMISSIONER NAGAON ASSAM 8:SUPERINTENDENT OF POLICE NAGAON ASSAM 9:CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON ASSAM 10:OFFICER IN CHARGE KACHUA POLICE STATION NAGAON ASSAM. 11:THE DISTRICT LEVEL COMMITTEE FOR REMOVAL OF FOREST ENCROACHMENT OFFICE OF THE DIVISIONAL FOREST OFFICER NAGAON FOREST DIVISION NAGAON ASSAM -REPRESENTED BY THE MEMBER SECRETARY. 12:THE RANGE OFFICER KAMPUR FOREST RANGE NAGAON ASSAM. -----------Advocate for : MS. S B CHOUDHURY Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND 11 ORS

¶510

Page No.# 68/237

¶511

Linked Case : WP(C)/1628/2026

¶512

ABU BAKKAR SIDDIQUE AND 19 ORS S/O HUSSAIN ALI VILL. TIRIPAR BARPANI MAUZA - GORUBAT P.O. BARPANI P.S. KACHUA DIST. NAGAON ASSAM PIN 782426. 2: ABU HANIFA S/O HUSSAIN ALI VILL. LONGJAP 700 ACRE PADUMONI MAUZA - GORUBAT P.O. BARPANI P.S. KACHUA DIST. NAGAON ASSAM PIN -782426 3: REJUANA KHATUN D/O AMAR ALI VILL. LONGJAP 700 ACRE PADUMONI P.O. BARPANI P.S. KOCHUA DIST. NAGAON ASSAM PIN -782426 4: ABDUL FALAN S/O MONTAJ ALI VILL. LONGJAP 700 ACRE PADUMONI P.O. BARPANI P.S. GORUBAT DIST. NAGAON ASSAM PIN - 782426. 5: SAIDUR RAHMAN S/O ISMAT ALI VILL. LONGJAP 700 ACRE PADUMONI P.O. BARPANI

¶513

Page No.# 69/237

¶514

P.S. GORUBAT DIST. NAGAON ASSAM PIN - 782426. 6: SAHIDUL ISLAM S/O ISMAT ALI VILL. LONGJAP 700 ACRE PADUMONI P.O. BARPANI P.S. GORUBAT DIST. NAGAON ASSAM PIN - 782426. 7: MANTAJ ALI S/O ISMAT ALI VILL. LONGJAP 700 ACRE PADUMONI P.O. BARPANI P.S. GORUBAT DIST. NAGAON ASSAM PIN - 782426 8: HAMESA KHATUN W/O LT. NAZIR HUSSAIN VILL. LONGJAP 700 ACRE PADUMONI P.O. BARPANI P.S. GORUBAT DIST. NAGAON ASSAM PIN -782426. 9: RAHUL AMIN S/O ABDUI JABBAR VILL. LONGJAP 700 ACRE PADUMONI P.O. BARPANI P.S. GORUBAT DIST. NAGAON ASSAM PIN -782426. 10: ABDUL SATTAR S/O ISMAIL ALI VILL. LONGJAP 700 ACRE PADUMONI P.O. BARPANI P.S. GORUBAT DIST. NAGAON ASSAM

¶515

Page No.# 70/237

¶516

PIN -782426.

¶517

11: ABDUL HAI S/O ISMAIL ALI VILL. LONGJAP 700 ACRE PADUMONI MAUZA - GORUBAT P.O. BARPANI P.S. KACHUA DIST. NAGAON ASSAM PIN -782426. 12: ABDUL HAMID S/O IBRAHIM VILL. LONGJAP 700 ACRE PADUMONI MAUZA GORUBAT P.O. BARPANI P.S. KACHUA DIST. NAGAON ASSAM PIN -782426. 13: KUDDUS ALI S/O KHIDER ALI VILL. LONGJAP 700 ACRE PADUMONI MAUZA - GORUBAT P.O. BARPANI P.S. KACHUA DIST. NAGAON ASSAM . PIN -782426. 14: JOYNAL ABEDIN S/O ABDUL KADIR VILL. LONGJAP 700 ACRE PADUMONI MAUZA GORUBAT P.O. BARPANI P.S. KACHUA DIST. NAGAON ASSAM PIN-782426. 15: IBRAHIM S/O ILAHI BAKSH VILL. LONGJAP 700 ACRE PADUMONI MAUZA - GORUBAT

¶518

Page No.# 71/237

¶519

P.O. BARPANI P.S. KACHUA DIST. NAGAON ASSAM PIN -782426. 16: JAMAL UDDIN S/O ABDUL BAREK VILL. LONGJAP 700 ACRE PADUMONI MAUZA - GORUBAT P.O. BARPANI P.S. KACHUA DIST. NAGAON ASSAM PIN -782426. 17: ABDUL MALEK S/O JAMSHER ALI VILL. LONGJAP 700 ACRE PADUMONI MAUZA GORUBAT P.O. BARPANI P.S. KACHUA DIST. NAGAON ASSAM PIN -782426 18: SHEIKH FARID S/O ABBAS ALI VILL. LONGJAP 700 ACRE PADUMONI MAUZA GORUBAT P.O. BARPANI P.S. KACHUA DIST. NAGAON ASSAM PIN-782426. 19: NUR HUSSAIN S/O JAMSHER ALI VILL. LONGJAP 700 ACRE PADUMONI MAUZA GORUBAT P.O. BARPANI P.S. KACHUA DIST. NAGAON ASSAM PIN -782426. 20: ALI HUSSAIN

¶520

Page No.# 72/237

¶521

S/O JAMSHER ALI VILL. LONGJAP 700 ACRE PADUMONI MAUZA - GORUBAT P.O. BARPANI P.S. KACHUA DIST. NAGAON ASSAM PIN -782426. VERSUS

¶522

UNION OF INDIA AND 11 ORS TO BE REPRESENTED BY THE MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN BHAWAN JORBAGH ROAD 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

¶523

3:SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT FORESTS DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI -781006 4:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE 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 HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI -781037.

¶524

Page No.# 73/237

¶525

6:DIVISIONAL FOREST OFFICER

¶526

NAGAON DIVISION NAGAON ASSAM. FIN-782001 7:DISTRICT COMMISSIONER NAGAON ASSAM. PIN-782001 8:SUPERINTENDENT OF POLICE NAGAON ASSAM. PIN -782001 9:CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON ASSAM. PIN-782426 10:OFFICER IN CHARGE KACHUA POLICE STATION NAGAON ASSAM. PIN- 782426 11:THE DISTRICT LEVEL COMMITTEE FOR REMOVAL OF FOREST ENCROACHMENT OFFICE OF THE DIVISIONAL FOREST OFFICER NAGAON FOREST DIVISION NAGAON ASSAM -REPRESENTED BY THE MEMBER SECRETARY. PIN- 782001 12:THE RANGE OFFICER KAMPUR FOREST RANGE NAGAON ASSAM. PIN-782426 -----------Advocate for : MS. S B CHOUDHURY Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND 11 ORS

¶527

Linked Case : WP(C)/1688/2026

¶528

SAIDUL ISLAM AND 81 ORS S/O ABDUL AWAL R/O MATIKHOLA DAPARA

¶529

Page No.# 74/237

¶530

PS KACHUA DIST- NAGAON ASSAM 2: JAMAL UDDIN S/O SURMAN ALI R/O MATIKHOLA DAPARA PS KACHUA DIST NAGAON ASSAM 3: NUR AHMED S/O LATE AJIR UDDIN R/O LUTUMARI RANI PUKHURI PS KACHUA DIST NAGAON ASSAM 4: ABDUL HATEM S/O IMAN ALI R/O LUTUMARI MATIKHOLA DAPARA DIST NAGAON 5: ISMAT ALI S/O FAJAR ALI R/O CHENGAJAN DIST NAGAON ASSAM 6: JAKIR HUSSAIN S/O ABDUL KUDDUS R/O VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 7: FATEHA KHATUN W/O KANU MIYA R/O VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 8: ABDUL AWAL S/O LATE SAMDUDDIN R/O VILL LUTUMARI MATIKHOLA DAPARA

¶531

Page No.# 75/237

¶532

PS KACHUA PIN 782428 DIST NAGAON ASSAM 9: JAKIR HUSSAIN SO INTAJ ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 10: FAKAR UDDIN SO LATE ABDUL JALIL RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 11: ABDUL SAHID SO ABDUL RAHIM RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 12: NUR ISLAM SO HARJAT ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 13: NURUL IMAN SO SERAK ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 14: JAMAL UDDIN SO ARUJ ALI RO VILL LUTUMARI MATIKHOLA DAPARA

¶533

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¶534

PS KACHUA PIN 782428 DIST NAGAON ASSAM 15: KASEM ALI SO LATE KUDDUS ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 16: USMAN ALI SO ABDUL RAHIM RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 17: AJIJUL HOQUE SO IDRISH ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 18: ABDUL KHALEK SO ABDUL KADIR RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 19: AJAJUL HOQUE SO IBRAHIM ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 20: NUR MIYA SO SAMSUL HOQUE RO VILL LUTUMARI MATIKHOLA DAPARA

¶535

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¶536

PS KACHUA PIN 782428 DIST NAGAON ASSAM 21: KHAIRUL ISLAM SO NURUL HUDA RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 22: MINARA BEGUM CO HANIF ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 23: AMINA BEGUM CO MANIK RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 24: ICHAMA BEGUM CO CHAHAJ UDDIN RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 25: KUTI MIYA SO ABDUL JABBAR RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 26: GULJAR HUSSAIN SO MAHAMMAD ALI RO VILL LUTUMARI MATIKHOLA DAPARA

¶537

Page No.# 78/237

¶538

PS KACHUA PIN 782428 DIST NAGAON ASSAM 27: SUKUR ALI SO KUTI MIYAN RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 28: SADDAM HUSSAIN SO MAINUL HOQUE RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 29: ABDUL AJID SO ABDUL RASID RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 30: MAHIDUL ISLAM SO NUR MAHAMMAD RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 31: NIJAM UDDIN SO ABDUL KADIR RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 32: NUR MAHAMMAD SO JUNAB ALI RO VILL LUTUMARI MATIKHOLA DAPARA

¶539

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¶540

PS KACHUA PIN 782428 DIST NAGAON ASSAM 33: SOIF UDDIN SO JAMAL UDDIN RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 34: ABDUL MATIN SO AKKACH ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 35: IBRAHIM ALI SO LATE AHMED ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 36: KHAJARUL ISLAM SO ALTAB ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 37: RASIM UDDIN SO ABDUL KADIR RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 38: TAHAR ALI SO HUSSAIN ALI RO VILL LUTUMARI MATIKHOLA DAPARA

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¶542

PS KACHUA PIN 782428 DIST NAGAON ASSAM 39: MOKALECH UDDIN SO KERAMAT ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 40: FAIJUL ISLAM SO KUTI MIYAN RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 41: AKKAS ALI SO KASEM ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 42: FAKAR UDDIN SO HARJAT ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 43: NURUL HAQUE SO ABDUL AWAL RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 44: SADIQUL ISLAM SO JAYNAL ABEDIN RO VILL LUTUMARI MATIKHOLA DAPARA

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¶544

PS KACHUA PIN 782428 DIST NAGAON ASSAM 45: DULAL UDDIN SO NEMAJ ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 46: CHARUJAJAN NESSA CO ABDUL ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 47: JAINAL ABEDIN SO LATE HASEN ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 48: RAMJAN ALI SO KALIM UDDIN RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 49: TUTA MIYAN SO REHEMAT ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 50: ICHAK ALI SO KALA MIYAN RO VILL LUTUMARI MATIKHOLA DAPARA

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¶546

PS KACHUA PIN 782428 DIST NAGAON ASSAM 51: NUR MAHAMMAD SO SAFUR UDDIN RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 52: ABDUL KALAM SO LT NURU MIYAN RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 53: ABDUL SALAM SO NURU MIYAN RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 54: IMARAN HUSSAIN SO ICHAK ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 55: NAJIR HUSSAIN SO ISHAK ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 56: MARFAT ALI SO MAJUBADDIN RO VILL LUTUMARI MATIKHOLA DAPARA

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¶548

PS KACHUA PIN 782428 DIST NAGAON ASSAM 57: ABDUL HASIM SO ABDUL GAFUR RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 58: ABDUL RASID SO SAMSUDDIN RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 59: NURUL HAQUE SO KUTI MIYAN RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 60: BILAL UDDIN SO IYAJ UDDIN RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 61: JAMIR UDDIN SO FURKAN ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 62: ABDUL KHALIL SO ABDUL RASID RO VILL LUTUMARI MATIKHOLA DAPARA

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¶550

PS KACHUA PIN 782428 DIST NAGAON ASSAM 63: ABDUL GAFUR SO ABDUL JABBAR RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 64: EAKLACH UDDIN SO SURMAN ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 65: AFSANA BEGUM CO RAMJAN ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 66: TAFAJUL ALI SO NAYM UDDIN RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 67: JALAL UDDIN SO ABDUL RASID RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 68: HASEN ALI SO OMAR ALI RO VILL LUTUMARI MATIKHOLA DAPARA

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¶552

PS KACHUA PIN 782428 DIST NAGAON ASSAM 69: SAMSUL HAQUE SO CHAYAB ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 70: ABDUL JALIL SO SAMSUL HOQUE RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 71: JUSNA BEGUM CO ABDUL JABBAR RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 72: FARIJ UDDIN SO ANJIR ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 73: SAHIDUL ISLAM SO ABDUL KARIM RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 74: SALIM UDDIN SO SAMSUL HAQUE RO VILL LUTUMARI MATIKHOLA DAPARA

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¶554

PS KACHUA PIN 782428 DIST NAGAON ASSAM 75: JALAL UDDIN SO ABDUL RASID RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 76: SHWARIF UDDIN SO MANTAJ ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 77: ALAL UDDIN SO JABED ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 78: HAIDUL ISLAM SO SHITAJ UDDIN RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 79: GIYACH UDDIN SO HUSSAIN ALI RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 80: ABDUL JALIL SO ABDUL RASID RO VILL LUTUMARI MATIKHOLA DAPARA

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¶556

PS KACHUA PIN 782428 DIST NAGAON ASSAM 81: HABIBUR RAHMAN SO LATE ABDUL JABBAR RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM 82: ABU HANIFA SO IYAJ UDDIN RO VILL LUTUMARI MATIKHOLA DAPARA PS KACHUA PIN 782428 DIST NAGAON ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM ENVIRONMENT FOREST AND CLIMATE CHANGE DEPARTMENT DISPUR GUWAHATI 06 2:THE SECRETARY GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI 06 3:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE ARANYA BHAWAN PANJABARI GUWAHATI ASSAM PIN 781037 4:THE DIVISIONAL FOREST OFFICER NAGAON FOREST DIVISION NAGAON ASSAM PIN 782001

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¶558

5:RANGE FOREST OFFICER KAMPUR FOREST RANGE NAGAON ASSAM PIN 782001 6:THE DISTRICT COMMISSIONER NAGAON ASSAM- 782001 -----------Advocate for : MR B M DEKA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS

¶559

Linked Case : WP(C)/1690/2026 ABDUL NUR AND 176 ORS S/O- LT.BARIK ALI VILL- 9 NO. KHERONI HOUSE NO- 188 DAPARA DIST- NAGAON ASSAM 2: BODIUD JAMAL S/O- YASIN ALIAGE- 72VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 3: ABDUL MALEK S/O- ABDUL RAHMAN.AGE- 61.VILL- 9 NO KHERANI DAPARA.DIST- NAGAON ASSAM 4: NABI HUSSAIN S/O- LATE ISABALIASISOB ALI.AGE- 57.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 5: SAFIR UDDIN S/O- HUSAN ALI.AGE- 31.VILL- KHERONI MAJGAON. DIST- NAGAON ASSAM 6: JAKIR HUSSAIN S/O- SAMSUL HUDAAGE-52VILL- KHERONI MAJGAON DUMAIHAGI DAPARADIST- NAGAON

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¶561

ASSAM

¶562

7: ABUL HUSSAIN S/O- BABAR ALIAGE- 56VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 8: ABDUL RASID S/O- NUR HUSSAINAGE- 41VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 9: ABUL KASEM S/O- ASIM UDDIN.AGE- 59.VILL- PADUM PUKHURI DAPARA.DIST- NAGAON ASSAM 10: ABDUL HASIM /O- SAMSUL HUDA.AGE- 45.VILL- PADUM PUKHURI DAPARA.DIST- NAGAON ASSAM 11: AMJAT ALI S/O- LATE AJGAR ALI.AGE- 56.VILL- LUTUMARI MUKTA BANANCHAL DAPARA.DIST- NAGAON ASSAM 12: MARFAT ALI S/O- SURJAT ALIAGE-58VILL- PADUM PUKHURI DAPARADIST- NAGAON ASSAM 13: ABDUL RASID S/O- SABED ALI.AGE- 30.VILL- LUTUMARI MUKTA BANANCHAL DAPARA.DIST- NAGAON ASSAM. 14: AIN UDDIN S/O- LT MOIJ UDDINAGE- 63VILL- LUTUMARI MUKTA FOREST DAPARADIST- NAGAON ASSAM 15: SAMCHER ALI S/O- SURJAT ALI.AGE- 58.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 16: MAHAR ALI

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¶564

S/O- ABDUL MAJID.AGE- 45.VILL- 9 NO KHERONI.DIST- NAGAON ASSAM 17: MAHAMMAD ALI S/O- GAFUR ALIAGE- 40VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM

¶565

18: ANUWAR HUSSAIN S/O- ALI HUSSENAGE- 47VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM

¶566

19: KUDDUS ALI S/O- SABED ALIAGE-70VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM

¶567

20: IDRIS ALI S/O- SABED ALIAGE- 75VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM

¶568

21: INNAS ALI S/O- SABED ALIAGE- 65VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM

¶569

22: JINNAT ALI S/O- SABED ALIAGE- 55VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM

¶570

23: MD AIJUL HOGUE S/O- ABDUL ALIAGE- 55VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM

¶571

24: SAIDUR RAHMAN S/O- ROCHAMAT ALIAGE- 55VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM

¶572

25: ABDUL KHALEK S/O- RUSMUT ALI.AGE-62VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM

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¶574

26: SAHJAHAN ALI S/O- LT. AHMMAD ALI.AGE- 65VILL- LONGJUP PADUMANI HATIPARA FVDIST- NAGAON ASSAM 27: NUR HUSEN S/O- ABDUL HELIMAGE- 60VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 28: ABDUL HASEN S/O- ISAB ALIAGE-71VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 29: ABDUL SATTAR S/O- SABED ALIAGE- 85VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 30: KAMAL UDDIN S/O- SUKKAR ALI.AGE-55VILL- LONGJAP PADUMONI HATIPARA F.V BORPANIDIST- NAGAON ASSAM 31: SIRAJUL ISLAM S/O- JABAR ALIAGE-60VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 32: ABDUL KALAM S/O- AMIR UDDINAGE- 47VILL- JURIRPAR BARAPANIDIST- NAGAON ASSAM 33: ABED ALI S/O- ASMAT ALIAGE- 75VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 34: NUR JAMAL S/O- UBED ALI.AGE- 60.VILL- LONGJUP PADUMONI HATIPARA FV.DISTNAGAON ASSAM 35: MAIN UDDIN S/O- ABDUL MATINAGE- 65VILL- JURIPAR BARAPANIDIST- NAGAON

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¶576

ASSAM

¶577

36: ABDUL RAHIM S/O- AKBOR ALI.AGE- 78.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM 37: ASKAR ALI S/O- ABDUL REJAKAGE- 43VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 38: HUSSAIN ALI S/O- LATE MALEY HUSSAIN.AGE- 39.VILL- KHERONI DAPARA.DIST- NAGAON ASSAM 39: RAHMAT ALI S/O- LATE RUSTAM ALI.AGE- 60.VILL- HATIJUR.DIST- NAGAON ASSAM 40: ABDUL MATIN S/O- HIYAMAT ALI.AGE- 51VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 41: ABDUL MAJID S/O-AMSAR ALI.AGE-60VILL- LONGJAP PADUMONIHATIPARAF.V BORPANI.DIST- NAGAON ASSAM 42: SUKUR ALI S/O- AHED ALIAGE- 62VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 43: ABDUL AJIT S/O- AIN UDDIN.AGE- 58.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 44: ABDUL KADIR S/O- AIN UDDIN AGE- 62VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 45: ABDUL RASID S/O- LATE AIN UDDIN.AGE- 56.VILL- 9 NO KHERONI

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¶579

DAPARA.DIST- NAGAON ASSAM 46: ABDUL MATIN S/O-LT. AIN UDDIN.AGE- 51VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 47: AMIR HUSSEN S/O- ABDUL RAHMEN.AGE- 51.VILL- 9 NO KHERANI DAPARA.DIST- NAGAON ASSAM 48: ISMAHIL ALI S/O- ABDUL GANIAGE- 55VILL- 9 NO. KHERANI DAPARADIST- NAGAON ASSAM 49: SAFIQUL ISLAM S/O- LT. SAFIR UDDIN.AGE- 52VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 50: HAMED ALI S/O-AMJAT ALIAGE- 60VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 51: EMRAJUL ISLAM S/O- SAHED ALIAGE- 44VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 52: HARJAT ALI S/O- ABED ALIAGE-50VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 53: ABDUL KARIM S/O- ABDUL CHAMIDAGE- 61VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 54: SIDDIQUE ALI S/O- LT UMED ALIAGE- 42VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM

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¶581

55: USMAN ALI S/O- ABDUL ALIAGE- 57VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 56: AKAT ALI S/O- MAMUD ALIAGE- 61VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 57: MUCHARAF ALI S/O- MAIDAR ALI.AGE- 56.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 58: KHALEKUL JAMAN S/O- LT.INSAN ALI.AGE- 62.VILL- 9 NO KHERANI DAPARA.DIST- NAGAON ASSAM 59: JAKIR HUSSAIN S/O- MOIDOR ALI.AGE- 52.VILL- 9 O KHERONI DAPARA.DIST- NAGAON ASSAM 60: IBRAHIM ALI S/O- LT. ABDUL GONI.AGE- 52.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 61: ABDUL MALEK S/O- ABDUL RAHMANAGE- 53VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 62: SAKHINA KHATUN S/O- LT.TAIYAB ALI.AGE- 40.VILL- 9 NO KHERANI DAPARA.DIST- NAGAON ASSAM 63: MEHERUL ISLAM S/O- LATE MOIDOR ALI.AGE- 61.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 64: ASADUL ISLAM S/O- ABDUL RAHMAN.AGE- 45VILL- 9 NO KHERONI

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DAPARADIST- NAGAON ASSAM 65: RAKIBUL ISLAM S/O- LT.ABDUL RAHMAN.AGE- 35VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 66: SAHAMMAD ALI S/O- LT. ABED ALI.AGE- 65.VILL-9 NO KHERONI DAPARA.DIST- MORIGAON ASSAM 67: CHABIKUL ISLAM S/O- SUKUR ALI.AGE- 35.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM. 68: GULJAR HUSSAIN S/0 . AKKAS ALI VILL- 9 NO KHERONI DAPARA AGE- 38DIST- NAGAON ASSAM 69: UKAL UDDIN S/O- ABDUL RAHIM.AGE- 47.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 70: MASTUFA KAMAL S/O- RUSTUM ALI AGE- 63VILL- 9 NO KHERONI DAPARA DIST- NAGAON ASSAM 71: KAMAL UDDIN S/O- LT.HARJAT ALI.AGE-55VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 72: ABDUL KARIM S/O- NIJAM UDDIN.AGE- 62.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 73: AIJUL ISLAM

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¶585

S/O- JABAN ALIAGE- 35VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 74: KHAIRUL ISLAM S/O- AMJOT ALIAGE- 40VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 75: SAHAB UDDIN S/O- RAMJAN ALI AGE- 50.VILL- LUTUMARI AMDUBI F.V DAPARA. DIST- NAGAON ASSAM 76: HARJAT ALI SON OF KASEM ALI VILLAGE 9 NO KHERONI DAPARA NAGAON ASSAM 77: AFAJ UDDIN S/O- AGAN ALIAGE- 59VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 78: ALI HUSSEN S/O- SAHAB UDDINAGE- 61VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 79: ABDUL AUAWAL S/O- IBRAHIM ALIAGE- 51.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 80: SAHID ULLAH S/O- EIJAT ALIAGE- 33VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 81: RABIYA KHATUN S/O- LT ASAR ALIAGE- 52VILL- MADHAPARA KACHUADIST- NAGAON ASSAM

¶586

82: SURAJ ALI

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¶588

S/O- LATE ABDUL RAHMAN.AGE- 76.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 83: NUR JAMAL S/O- JABED ALIAGE- 80VILL- 9 NO. KHERANI DAPARADIST- NAGAON ASSAM 84: MASTUFA KAMAL S/O-MAHAR ALIAGE- 64VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 85: WAHAB ALI S/O- ABDUL RAHMANAGE- 60VILL- 9. NO KHERANI DAPARADIST- NAGAON ASSAM 86: ALAL UDDIN S/O- LATE RIYAJ UDDIN.AGE- 65.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 87: ALIM UDDIN S/O- LATE ABDUL LATIF.AGE- 61.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 88: ABDUL KALAM S/O- ABDUL HAMID.AGE- 28.VILL- 9 NO KHERONI.DIST- NAGAON ASSAM. 89: FAKAR UDDIN S/O- ARFAN ALI AGE- 43VILL- 9 NO KHERONI DAPARA.DIST. - NAGAON ASSAM 90: MD MONFARALIASMANFAR ALI S/O- JAYNAL ABDIN.AGE- 35.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 91: AKBAR ALI S/O- LT ASAN ALIAGE- 65VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM

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¶590

92: RAMJAN ALI S/O- RABI HUSSENAGE- 75VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 93: MAFIDUL ISLAM S/O- TAHAIR ALIAGE- 50VILL- NO.3 RAJAPUKHURIDIST- NAGAON ASSAM 94: RAMJAN ALI S/O-ABDUL MAJIT.AGE- 52VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 95: ABDUL HASEN S/O- ABDUL LATIF.AGE- 70.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 96: JAMAL UDDIN S/O- SAFIR UDDINAGE- 73VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 97: JANGSED ALI S/O- ABDUL MATALIBAGE- 39VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 98: MAINU UDDIN S/O- LATE ABDUL JABBAR.AGE- 73.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 99: MOHAMMAD GULJAR HUSSAIN S/O- LT. MUSLEM UDDIN.AGE- 35.VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 100: SIKANDAR ALI S/O- ABDUL KUDDUSAGE- 53VILL- LUTUMARI MUKTABANACHAL DAPARADIST- NAGAON ASSAM 101: SAHED ALI S/O-KHURSHED ALIAGE-43VILL- 9 NO KHERONI DAPARADIST- NAGAON

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¶592

ASSAM 102: ABUL KALAM S/O- MUKLESAR RAHMANAGE-64VILL- KHERONI MAJ GAON DAPARADIST- NAGAON ASSAM 103: MUSAHAK ALI S/O- KHALILUR RAHMANAGE-48VILL- 9 NO. KHERONI DAPARADIST- NAGAON ASSAM 104: MUSAALIASMUCHA HAQUE S/O- LATE JAHUR ALI.AGE- 73.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 105: GAJIBUR RAHMAN S/O- LATE JAHUR ALI.AGE- 66.VILL- 9 NO KHERONI.DIST- NAGAON ASSAM 106: NUR HUSSEN S/O- LT JAHUR ALIAGE- 48VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 107: KAMAL UDDIN S/O- LT AIN UDDINAGE- 62VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 108: RAJIBUL ISLAM S/O- ABDUL SALAM.AGE- 21.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 109: MAFIZULLAH S/O- SANU ULLA.AGE- 81.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 110: NURUL HAQUE S/O- MAFIZ ULLAH AGE- 31.VILL- 9 NO KHERONI DAPARA.DIST.- NAGAON ASSAM 111: SULEMAN HEKIM

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C/O- SULTAN MUNSI.AGE- 46.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 112: AJIJUR RAHMAN S/O- SULTAN MUNSI ALIAGE- 31VILL- LUTUMARI MUKTABANACHAL DAPARADIST- NAGAON ASSAM 113: MAYAJ UDDIN S/O- LATE RUSTAM ALI.AGE-55VILL- LUTUMARI MUKTA BANANCHAL.DIST- NAGAON ASSAM 114: MOHAMMAD MIJABUR RAHMAN S/O- MOHAMMAD ISMAIL ALI.AGE- 39.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 115: MOFIJUL ISLAM S/O- LT SAHED ALIAGE- 28VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 116: ALIP JAN BEGUM C/O- ISMAIL ALI.AGE- 43.VILL-9 NO KHERONI DAPARA.DIST- NAGAON ASSAM 117: ABDUL MANNAN S/O- SAMUJALIASCHAMUJ ALI.AGE- 36.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM. 118: CHAMUJ ALI S/O- INSAN ALIAGE- 71VILL- 9 NO KHERONI DAPARADIST- NAGAON ASSAM 119: APTAB UDDIN S/O- ABDUL JABBAR.AGE- 58.VILL- NITAI NAGOR PART 1DIST- NAGAON ASSAM 120: IBRAHIM ALI S/O- ISMAIL ALI.AGE- 56.VILL- 9 NO KHERONI DAPARA.DIST- NAGAON ASSAM

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¶596

121: SHAHIN SHAH S/O- MAFIZ UDDINAGE- 50VILL- CHANKHOLA KACHUA NO. 1DIST- NAGAON ASSAM 122: ALIMAN NESSA W/O- MAFIZ UDDINAGE-31VILL-CHANKHULA KACHUADIST- NAGAON ASSAM 123: NUR MAHAMMAD S/O- RAMJAN ALI.AGE- 46.VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 124: ROCHMAT ALI S/O-EAKIN ALIAGE- 60VILL- CHANAKHOLA KACHUA NO. 1DIST- NAGAON ASSAM 125: MAKBUL HUSSAIN S/O- NEMAT ALIAGE- 63VILL- CHANKHOLA KACHUA NO. 1DIST- NAGAON ASSAM 126: HAJRAT ALI S/O- CHAMCHU UDDINAGE- 75VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 127: ABU ABDULLA S/O- SAHAJ UDDIN.AGE- 40VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 128: AMINUL HAQUE C/O- MAINUL HAQUEAGE-32 VILL- KACHUA NO 1 KACHUA DIST.- NAGAON ASSAM 129: ABUL KALAM S/O- ABBAS ALIAGE- 62VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 130: RASHIDUL ISLAM

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¶598

S/O- KHAJAN ALIAGE- 30 VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 131: ABDUL MANNAN S/O- HASMAT ALIAGE- 60VILL- LONGJAP CHANKHULLA KACHUA NO 1DIST- NAGAON ASSAM 132: JAMAL UDDIN S/O- ABDUL RAHMANAGE-60VILL- CHANAKHOLA KACHUA NO. 1DIST- NAGAON ASSAM 133: ABDUL MATIN S/O- BARKAT ALI AGE- 56.VILL- CHANKHULA KACHUA.DIST- NAGAON ASSAM 134: SELIM UDDIN S/O- AKKEL ALIAGE- 70VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 135: AJIJUL HAQUE S/O- ABDUL JABBARAGE- 45VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 136: HABIKUL ISLAM S/O- JALAL UDDINAGE- 52VILL- HNO 84 BARJARANIDIST- NAGAON ASSAM 137: EMRAJUL ISLAM S/O- JALAL UDDIN AGE- 35.VILL- CHANKHULA KACHUA.DIST.-NAGAON ASSAM 138: UBADULLA S/O- MOZIBUR SHEKHAGE- 24VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 139: ABDUL MATALIB

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¶600

S/O- HAPHIZ UADDINAGE- 49VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 140: MAINUL HAQUE S/O- FOIZ UDDINAGE- 51VILL- CHANKHULA KACHUADIST- NAGAON ASSAM 141: HABIBUR RAHMAN S/O- SIRAJ UDDINAGE- 55VILL- KANDAPARA TANGIAI KACHUA.DIST- NAGAON ASSAM 142: NUR UDDIN S/O- SAMEDAGE-55VILL- JURIRPAR BARPANIDIST- NAGAON ASSAM 143: ABDUL RAHMAN S/O- ABDUL KADIRAGE- 40VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 144: SAHAB UDDIN S/O- NUR UDDINAGE- 39VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 145: ABDUL JALIL S/O- SHEKH MAMUDAGE- 71VILL- LONGJUP PADUMANI HATIPARA FVDIST- NAGAON ASSAM 146: HABIBUR RAHMAN S/O- AMSOR ALI.AGE- 50.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM 147: NUR ISLAM S/O-LT. MULAFAT AGE-52.VILL- HATIJUR BORPANI DIST.-NAGAON ASSAM

¶601

148: MAHAMMAD SHAJAHAN S/O- ABDUL NABIAGE- 55VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON

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¶603

ASSAM

¶604

149: A MANNAN S/O-LT.NASAR UDDIN.AGE-65VILL-HATIJUR BORPANI.DIST.-NAGAON ASSAM 150: IKRAMUL HUSSAIN S/O- SAMSUL HAQUEAGE-43VILL- LONGJUP PADUMANI HATIPARA FVDIST- NAGAON ASSAM 151: MAHIJ UDDIN S/O- AMIR UDDINAGE- 40VILL- LONGJUP PADUMANI HATIPARA FVDISTNAGAON ASSAM 152: AFTAR UDDIN S/O- SHEIKH MAMUDAGE- 75VILL- LONGJUP PADUMANI HATIPARA FVDIST- NAGAON ASSAM 153: JALAL UDDIN S/O- TAHER UDDIN.AGE- 51.VILL- LONGJUP PADUMONI HATIPARA FV.DISTNAGAON ASSAM. 154: HASEN ALI S/O- SAFAR ALI.AGE- 56.VILL- KANDAPARA KACHUA.DIST- NAGAON ASSAM 155: HABIBUR RAHMAN S/O- AYAT ALI AGE- 72.VILL- KANDAPARA TANGIYA KACHUA.DIST- NAGAON ASSAM 156: ABDUL KUDDUS S/O- LATE MAHABBAT ALI.AGE- 65.VILL- KANDAPARA.KACHUA.DISTNAGAON ASSAM 157: NURUL ISLAM S/O- JAYNAL ABDINAGE- 70VILL- CHANKHULA KACHUADIST- NAGAON ASSAM

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¶606

158: AYUB ALI AHMED S/O- SUMSUL TARBIZAGE- 66VILL- KACHUA NO. 1 KACHUA DIST- NAGAON ASSAM 159: NAYAB ALI S/O- SUMSUL TARBIZAGE-52VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 160: ANUWAR HUSSAIN S/O-LT.ABDUL LATIF KHA AGE-45 VILL-KANDAPARA TANGIA.KACHUA.DIST.-NAGAON ASSAM 161: ABDUSH SALAMALIASABDUL SALAM S/O- ABDUL SATTAR.AGE- 53.VILL- KANDAPARA.KACHUA.DIST- NAGAON ASSAM 162: SAFIQULALIASSABIKUL ISLAM S/O- ALI AKABOR.AGE- 46.VILL- KANDAPARA KACHUA. DIST- NAGAON ASSAM 163: TAYAB ALI S/O- LT SUMSUL TARBIZAGE- 67VILL- KANDAPARA KACHUA NO 1DIST- NAGAON ASSAM 164: SHIRAJUL ISLAM S/O-LT.ABU SAYED AGE-61.VILL-KANDAPARA KACHUA DIST.-NAGAON ASSAM. 165: ABDUL REZAK S/O- MINAT ALI.AGE- 86.VILL- KANDAPARA KACHUA DIST- NAGAON ASSAM 166: ABDUL MALEK S/O- LT. UMED ALIAGE- 55VILL- RANGULU BASTI KACHUA NO. 1DIST- NAGAON ASSAM

¶607

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¶608

167: EMDADULLAH S/O-ALI NAWAJ AGE-58 VILL-KANDAPARA KACHUA DIST.-NAGAON ASSAM. 168: AMIN AHAMMAD S/O- ABDUL RAHIM.AGE-38VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 169: ISA MUDDIN S/O- ABDUL HALIMAGE- 30VILL- KANDAPARA KACHUA NO. 1DIST- NAGAON ASSAM 170: KAMAL UDDIN S/O- AMIR ALI AGE-64 VILL-CHANKHULA KACHUA DIST.-NAGAON ASSAM. 171: SAFIYA KHATUN W/O- MAJIBUR RAHMANAGE- 67VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 172: TAYAB ALI S/O- LT. SUMSUL TARBIZAGE- 67VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 173: MANJUL HAQUE S/O- MAFIZ UDDINAGE-28VILL- KACHUA NO. 1 KACHUADIST- NAGAON ASSAM 174: FAJLUR RAHMAN S/O- LT. SIKADAR ALI AGE- 55VILL- KANDAPARA KACHUA.DIST- NAGAON ASSAM 175: AINAB BIBI

¶609

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¶610

C/O- FAKAR UDDIN.AGE- 52.VILL- KANDAPARA.KACHUA.DIST- NAGAON ASSAM 176: MAMOD ALI S/O- MANIR UDDIN.AGE- 81.VILL- JURIRPAR.DIST- NAGAON ASSAM 177: SAMSUDDIN S/O- SOMED ALI.AGE- 80.VILL- JURIRPAR BORAPANI.DIST- NAGAON ASSAM VERSUS THE STATE OF ASSAM AND 10 ORS TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 2:THE SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT FORESTS DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 4:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE AND WILDLIFE O/O THE PCCF HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 781037 5:THE DIRECTOR GENERAL OF POLICE ASSAM 6:THE DIVISIONAL FOREST OFFICER NAGAON DIVISION NAGAON ASSAM.

¶611

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¶612

7:THE DISTRICT COMMISSIONER NAGAON ASSAM 8:THE DISTRICT LEVEL COMMITTEE FOR REMOVAL OF FOREST ENCROACHMENT TO BE REPRESENTED BY ITS CHAIRMAN THE DISTRICT COMMISSIONER NAGAON 9:THE SUPERINTENDENT OF POLICE NAGAON ASSAM 10:THE CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON ASSAM. 11:THE OFFICER IN CHARGE KACHUA POLICE STATION NAGAON ASSAM -----------Advocate for : MR. A R BHUYAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 10 ORS

¶613

Linked Case : WP(C)/1615/2026 ABDUL KHALEK AND 67 ORS S/O-ABDUL BAREKA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 2: ABDUL HASEN S/O.-LT. ABDUL SALAM A RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 3: ABDUL MOTLIB S/O-LT. ABDUL SALAMA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI

¶614

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¶615

DIST.- GOLAGHAT ASSAM 4: SAMSUL ALI S/O- SAHABUDDINA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 5: ABUL HUSSAIN S/O- SAMSUL ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 6: ABDUL ROHIM S/O-NEGBOR ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 7: NABI HUSSAIN S/O- LT. AMJED ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 8: JOYNUDDIN S/O- LT. SARMAMUDA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 9: JOYNAL ABEDIN S/O- LT. JABDUL SEKHA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 10: ABDUL HAMID S/O- LT. AHMOD ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANIDIST.- GOLAGHAT ASSAM

¶616

11: MIRU HUSSAIN S/O- LT. AMJAT ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL

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Page No.# 110/237

¶618

P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 12: NURUL ISLAM S/O- LT. AHMAD ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANIDIST.- GOLAGHAT ASSAM 13: ABDUL MOTLIB LT. SAHAMAT ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 14: ABDUL SATTAR S/O- SAHAMAT ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 15: MOJIBUR RAHMAN S/O- LATE SAMAD ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 16: HOBIBUR RAHMAN S/O- LATE SAMAD ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 17: AJIBUR RAHMAN S/O-LATE SAMAD ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 18: SAHAD ALI S/O- ISMAIL ALI ALIAS ISMAILEA RESIDENT OF VILL -NO. 2 NEGHERIBILLP.O.- MERAPANI P.S-MERAPANIDIST.- GOLAGHAT ASSAM

¶619

19: ABDUL KADIR S/O- SABEDA RESIDENT OF VILL -NO. 2 NEGHERIBILLP.O.- MERAPANI P.S-MERAPANIDIST.- GOLAGHAT

¶620

Page No.# 111/237

¶621

ASSAM

¶622

20: JAHAD ALI S/O- ISMAIL ALI ALIAS ISMAMILEA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 21: YAKUB ALI S/O- ABDUL JABBERA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 22: ABDUL RAJAK S/O- AMJAT ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 23: YUSUF ALI S/O- LATE LUKMAN ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 24: ALLAL UDDIN S/O- ABDUL ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 25: MAINUL HAQUE S/O-LATE ILAHI BAKHSA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 26: ISRAFIL ALI S/O-LT. JALAL UDDINA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 27: ABDUL JALIL S/O-IBRAHIM ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT

¶623

Page No.# 112/237

¶624

ASSAM

¶625

28: ABDUL JABBER S/O- LT. MEJACHIN SHEIKHA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 29: ABDUL MAJID S/O- LT. ALIMUDDIN MAJIDA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 30: RAHIM UDDIN S/O-LT. AMJAT ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 31: AMIR HUSSAIN S/O- LT. MOHAJAN HUSSAINA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 32: SAMAR UDDIN AHMED S/O-JAYNAL ABEDINA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 33: ROFIZ UDDIN S/O- LT. MIRAJ ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANIDIST.- GOLAGHAT ASSAM 34: MUSTAFA ALI S/O-LT. SULEMAN ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 35: ABUL BASAR S/O- LT. SAFIQUL ISLAMA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT

¶626

Page No.# 113/237

¶627

ASSAM

¶628

36: RAFIQUL ISLAM S/O-LT. IDRISH ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 37: ABUSAMA ALI S/O- LT. RUSTAM ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 38: ANARUL HUSSAIN S/O-LT. MOJIBUR RAHMANA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANIDIST.- GOLAGHAT ASSAM 39: ABDUL SALAM S/O- LT. AMCHAR ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 40: ABDUL KADIR S/O- AHMAD ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 41: HASEN KAZI S/O- LT. PACHAN ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 42: IKRAJUL HAQUE S/O-LT. OMAR KAJIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANIDIST.- GOLAGHAT ASSAM 43: HABIBUR RAHMAN S/O- LATE CHAMAR ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM

¶629

Page No.# 114/237

¶630

44: FURKAN ALI S/O-KAJIMUDDIN ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM

¶631

45: MAJIBUR RAHMAN S/O- LT. CHAMAR ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANIDIST.- GOLAGHAT ASSAM

¶632

46: NUR HUSSAIN S/O- OCHAMAN ALI ALIAS OSMAN ALI A RESIDENT OF VILL -NO. 2 NEGHERIBILLP.O.- MERAPANI P.S-MERAPANIDIST.- GOLAGHAT ASSAM

¶633

47: ABBACH ALI ALIAS ABBAS ALI S/O- LT. HACHEN ALI ALIAS HASEN ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM

¶634

48: ABDUL JABBER S/O- JOYNAL ABEDINA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 49: ABDUL BAREK S/O- LT. JUBED ALI.A RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM

¶635

50: RAHAM ALI

¶636

/O-LT. AMCHAR ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 51: YUSUF ALI S/O- LT. NEKABAR ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM

¶637

Page No.# 115/237

¶638

52: MAMUD ALI S/O-LT. ISMAIL ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 53: FAKR UDDIN S/O.- LATE JAHUR UDDIN A RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 54: MAINUL HAQUE S/O.- SAIDUR RAHMAN A RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 55: ABDUL ALI S/O.- SAHAB UDDIN A RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM. 56: SAIDUL RAHMAN S/O.- LATE HUSSAIN ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 57: AJAN ALI S/O.- JAYMAT ALIA RESIDENT OF VILL -NO. 2 NEGHERIBILL P.O.- MERAPANIP.S-MERAPANI DIST.- GOLAGHAT ASSAM 58: ABDUS SALAM S/O- ABDUL HAMID.AGE- 45 YEARSVILL- GELAJAN.DIST- GOLAGHAT ASSAM 59: FAIJUL HOQUE S/O- JALAL UDDIN.AGE- 32 YEARSVILL- RAJAPUKHURI DIST- GOLAGHAT ASSAM. 60: JAKIR HUSSAIN S/O- KARI ISMAIL.AGE- 36 YEARSVILL- GELAJAN

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¶640

DIST- GOLAGHAT ASSAM 61: HARIS ALI S/O- CHAMAR ALIAS SAMAR ALI.AGE- 31YEARSVILL- GELAJAN.DISTGOLAGHAT ASSAM 62: SAMSUL HAQUE S/O- ROMJAN ALI.AGE- 59 YEARSVILL- GELAJAN DIST- GOLAGHAT ASSAM 63: KAPIL UDDIN S/O- CHABU SHAIKH.AGE- 57 YEARSVILL- GELAJAN DIST- GOLAGHAT ASSAM 64: ABUL HACHIM S/O- HABIJ UDDIN.AGE- 79 YEARSVILL- GELAJAN DIST- GOLAGHAT ASSAM. 65: ABUL HUSSAIN S/O- MOIJUDDIN.AGE- 42 YEARSVILL- RAJAPUKHURI DIST- GOLAGHAT ASSAM 66: AHMED ALI S/O- UMED ALI.AGE- 65 YEARSVILL- GELAJAN DIST- GOLAGHAT ASSAM 67: JAFAR ALI S/O- MAJIT ULLAH.AGE- 70 YEARSVILL- GELAJAN DIST- GOLAGHAT ASSAM 68: ABDUL MALIK S/O-PIJARU MALIK.AGE- 66 YEARSVILL- GELAJAN DIST- GOLAGHAT ASSAM VERSUS THE STATE OF ASSAM AND 10 ORS TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM JANATA BHAWAN ASSAM SECRETARIAT COMPLEX

¶641

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¶642

DISPUR GUWAHATI- 781006

¶643

2:SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT FORESTS DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 3:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006

¶644

4:PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST FORCE AND WILDLIFE O/O THE PCCF HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI- 781037

¶645

5:DIVISIONAL FOREST OFFICER GOLAGHAT DIVISION GOLAGHAT ASSAM.

¶646

6:DISTRICT COMMISSIONER GOLAGHAT ASSAM 7:SUPERINTENDENT OF POLICE GOLAGHAT ASSAM 8:CIRCLE OFFICER SARUPATHAR REVENUE CIRCLE GOLAGHAT ASSAM.

¶647

9:CIRCLE OFFICER GOLAGHAT REVENUE CIRCLE GOLAGHAT ASSAM. 10:OFFICER IN CHARGE URIAMGHAT POLICE STATION

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Page No.# 118/237

¶649

GOLAGHAT ASSAM.

¶650

11:OFFICER IN CHARGE MERAPANI POLICE STATION GOLAGHAT ASSAM ------------

¶651

BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

¶652

For the Petitioner(s) : Mr. A.R. Bhuyan, Sr. Advocate

¶653

Ms. S. Laskar, Advocate Mr. B.M. Deka, Advocate Ms. S.B. Choudhury, Advocate

¶654

For the Respondent(s) : Mr. P.N. Goswami, Sr. Advocate

¶655

Mr. I. Kalita, Advocate Mr. R. Borpujari, Standing Counsel

¶656

· Date on which Judgment was reserved : 12.05.2026

¶657

Date of Pronouncement of Judgment : 08.06.2026

¶658

· Whether the pronouncement is of the Operative Part of the Judgment : No

¶659

Whether the full Judgment has been Pronounced : Yes

¶660

JUDGMENT AND ORDER (CAV)

¶661

Heard Mr. A.R. Bhuyan, the learned Senior Counsel assisted by Ms. S. Laskar, the learned counsel; Ms. S.B. Choudhury, the learned counsel; and Mr. B.M. Deka, the learned counsel appearing on behalf of the Petitioners in the instant batch of writ petitions.

¶662

Page No.# 119/237

¶663

Mr. P.N. Goswami, the learned Senior Counsel as well as the Additional Advocate General, Assam assisted by Mr. I. Kalita, the learned counsel appears on behalf of the State of Assam and Mr. R. Borpujari, the learned Standing Counsel appears on behalf of the Revenue and Disaster Management Department of the Government of Assam.

¶664

The present batch of writ petitions is a sequel to the litigation that culminated into the judgment pronounced by the Supreme Court in Abdul Khalek & Others Vs. State of Assam & Others reported in 2026 SCC OnLine SC 184 ..

¶665

This Court in the present batch of writ petitions inter alia called upon to decide if the Respondent Authorities' actions were in compliance with the Supreme Court's directions in Abdul Khalek (supra). It is under such circumstances; this Court finds it relevant to take note of the observations and directions passed by the Supreme Court in the case of Abdul Khalek (supra). Paragraph Nos. 11 to 13 of the said judgment are quoted here under:

¶666

“ 11. We had heard learned senior counsel for the appellants/writ Petitioners as well as learned Solicitor General on 16.01.2026, and had expressed our concern to maintain the rule of law while ensuring protection of environment. Thereupon learned Solicitor General sought time to seek instructions and has filed an additional affidavit on 18.01.2026. Paras 3 to 9 of the said additional

¶667

Page No.# 120/237

¶668

affidavit read as under: —

¶669

"3. That this is the Constitutional obligation of the State Government, more particularly in light of the fact that as per the statistics given by the Ministry of Environment, Forest and Climate Change, Government of India. As per the data 3,62,082.62 hectares is under encroachment, in other words, a total of 19.92% of the forest area is under unauthorized illegal encroachment. It is Constitutionally imperative that this unauthorized and illegal occupation as well as continuing illegal and non forest activities are immediately removed.

¶670

3.1 That the first step for removal is to issue a notice on the alleged unauthorised occupant to enable him to show the evidence of him being in authorised occupation of the forest land.

¶671

3.2 That the recipient of the notice comes before a Committee of forest officials as well as revenue officials and produces the evidence, if any, available with him which can according to the notice, entitle him to stay in the Reserved Forest areas.

¶672

That the actions are taken for removal of encroachment areas only, if it is found that there is an illegal and unauthorised encroachment in the Reserved Forest area. If the land of the noticee is found to be within revenue limits, outside the notified forest area, the details are sent to the Revenue Department and the present drive which is confined only to evicting the Reserved Forest area has nothing to do with what the Revenue Department may or may not do thereafter.

¶673

That if the notice is found to be in unauthorised occupation of a Reserved Forest area, after scrutinising the documents placed by him, a

¶674

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¶675

Speaking Order is passed and served upon him giving him 15 days notice to vacate the unauthorised occupation. It is only thereafter that the actions are taken to remove the unauthorised occupants.

¶676

That so far as the controversy concerning existence of some Gaon Panchayat is concerned, it is submitted that there can be a Gaon Panchayat in a forest area. This is provided for in Section 5 in Assam Panchayat Act, 1994.

¶677

“5. Establishment of Gaon Panchayat - (1) The State Government may, by notification, declare any local area comprising a revenue village or a group of revenue village or a Forest villager or Tea Garden area or hamlets forming part of revenue village or Forest village or Tea Garden area or other such administrative unit or part thereof to be a Gaon Panchayat with population of its territory not less that six thousand and more that ten thousand;….”

¶678

That the concept of a Forest Village is a unique concept in Assam. A person entitled to stay in forest village finds his name mentioned in the statutory register called ‘Jamabandi Register’ maintained by the Forest Department for the forest village and the person holds a document for the land under possession. Additionally, the title holders under Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 are also legally authorised to occupy the forest land and are not liable for eviction. The rights mentioned above are inheritable but not alienable or transferable.

¶679

That individual whose name is mentioned in this register or hold rights under Forest Rights Act, 2006 are not unauthorised occupants. However, there are several unauthorised inhabitants who have encroached

¶680

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¶681

upon lands outside the Gaon Panchayat limits and in some cases inside the Gaon Panchayat limits which fall within the boundaries of Reserved Forests.

¶682

That it may be pointed out that a right to reside in Reserved Forest areas falling within a Gaon Panchayat is inheritable but non-transferable. There would be a separate set of documentary evidence showing authorised occupation within Reserved Forest areas which are falling under a Gaon Panchayat. Any unauthorised occupant residing inside Reserved Forest areas albeit falling under a Gaon Panchayat is liable to be evicted following the same procedure as pointed out above.”

¶683

12. Thus, from perusal of aforesaid additional affidavit filed on behalf of the Respondents, the following policy decision to remove unauthorised occupation from the reserved forest has been taken:

¶684

(i) The Respondents shall constitute a committee comprising forest officials and the revenue officials.

¶685

(ii) The said committee shall issue notice to the alleged unauthorised occupants and shall give them an opportunity to adduce evidence to show that they have the right to occupy the land which is in their possession.

¶686

(iii) The action for removal of encroachment shall be taken, only if it is found that there is an encroachment in the reserved forest area.

¶687

(iv) In case the noticee is found to be within the revenue limits, outside the notified forest area, the details of the noticee shall be sent to the revenue department. In such cases, revenue department shall decide the future course of action.

¶688

Page No.# 123/237

¶689

(v) The action is being taken by the State to remove encroachment from the reserved forest areas and has nothing to do in respect of the matters which may be referred to the revenue department.

¶690

(vi) If an unauthorised occupation is found in a reserved forest area, after scrutiny of the documents, a speaking order shall be passed and shall be served on the concerned person giving him 15 days notice to vacate the unauthorised occupation and only after expiry of the period of notice, the action shall be taken to remove the unauthorised occupants.

¶691

(vii) Occupation of a Gaon Panchayat in a forest is permissible if there is a sufficient proof as per the Jamabandi Register maintained by the Forest Department or as provided under the Forest Rights Act.

¶692

13. In our opinion, the course of action to be adopted by the State Government while removing the encroachment from the reserved forest contains sufficient procedural safeguards. The process sought to be adopted by the State Government for removal of encroachment conforms to the principles of fairness, reasonableness and due process. Learned Solicitor General has assured us that the mechanism evolved by the State shall be complied with objectively and with fairness while taking action for removal of unauthorised occupation in the reserved forests. The parties are directed to maintain status quo in respect of land in occupation of the appellants/writ Petitioners till speaking order is passed and till expiry of notice period of 15 days. All contentions are kept open to be agitated before the committee. It is clarified that this Court has not expressed any opinion on merits of the claim of the parties, as the same has to be examined by the committee.”

¶693

In the backdrop of the above, this Court finds it pertinent to take note of the brief facts which led to the filing of the present

¶694

Page No.# 124/237

¶695

batch of writ petitions as well as the stand taken by the Respondent Authorities.

¶696

CONSPECTUS OF FACTS

¶697

WP(C) No. 1649/2026

¶698

89 (Eighty Nine) Petitioners joined together to file the instant writ petition, challenging the various Speaking Orders dated 07.03.2026 which are collectively enclosed as Annexure-14 (colly) to the writ petition.

¶699

Some Petitioners claim to be residents of the villages of Barpani Bagan, Longjap N C (Longjap 500-700 Area), Longjap Padumoni (Hatipara FV), Juripar in the Barpani Gaon Panchayat under Jugijan Anchalik Panchayat in the district of Hojai while others claim that they reside in the villages of Dapara and Dumai Hagi in the Chankhola Gaon Panchayat and of village Kachua in the Kachua Gaon Panchayat, both under the Kathiatoli Anchalik Panchayat in the district of Nagaon.

¶700

The Petitioners aver that they are living in the previously mentioned villages and exercising rights over the lands with due knowledge, permission, and authority of the concerned State

¶701

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¶702

Respondent Authorities. The documents so enclosed to the writ petition to substantiate the rights of the Petitioners are Aadhaar Cards, Voters' List, Voter Id Cards, Identity Cards, Ration Cards, Job Cards etc. It is the assertion of the Petitioners that the respective villages where they reside, have been notified as Panchayat Villages under Sub-Section (2) of Section 5 of the Assam Panchayat Act, 1994 vide Notification dated 15.10.2024. In addition to that, the Petitioners also claim that some of them have been issued certificates of permanent residence issued by the concerned Gaonburahs and collectively enclosed as Annexure-3 (colly) to the writ petition. Further to that, the Petitioners claim that 2 (two) out of the 89 (eighty nine) Petitioners have been also issued certificates by the Forest Range Officer, Kampur, Nagaon wherein it is mentioned that these Petitioners were allotted lands of Taungya Plantation under the Lutumai Forest jurisdiction. The certificates in respect to those 2 (two) Petitioners i.e., Petitioner No. 3 and Petitioner No. 37, are enclosed to the writ petition as Annexure-4 (colly).

¶703

It is the further case of the Petitioners that on 08.10.2025, the Divisional Forest Officer, Nagaon Forest Division, had issued a notice informing the Petitioners that they were occupying lands falling under the Lutumai Reserved Forest and the Petitioners were

¶704

Page No.# 126/237

¶705

directed to vacate their lands within 30 days of issuance of the said notice. The Petitioners therefore filed a writ petition before this Court, registered and numbered as WP(C) No. 6167/2025. The said writ petition was disposed of vide an order dated 17.11.2025 with certain directions to the effect that the Petitioners could submit representations and those representations would be disposed of by Speaking Orders.

¶706

It is also mentioned in the writ petition that in the meantime, some other persons, being aggrieved by the orders passed in WP(C) No. 4257/2025 and WP(C) No. 4258/2025, approached the learned Division Bench of this Court, by filing 2 (two) Writ Appeals, being Writ Appeal No. 251/2025 and Writ Appeal No. 252/2025. The learned Division Bench of this Court vide the judgment and order dated 18.08.2025 disposed of the said Writ Appeals by passing certain directions.

¶707

Be that as it may, following the order dated 17.11.2025 whereby the Petitioners have been granted liberty to submit representations, the Petitioners submitted representations. The Divisional Forest Officer, Nagaon Forest Division, Nagaon rejected the representations of the Petitioners vide an order dated 21.11.2025 and directed the Petitioners to vacate the forest lands

¶708

Page No.# 127/237

¶709

on or before 29.11.2025. Under such circumstances, the Petitioners again approached this Court by challenging the order dated 21.11.2025 passed by the Divisional Forest Officer, Nagaon Forest Division by filing another writ petition which was registered and numbered as WP(C) No. 6764/2025. The said writ petition was disposed of vide judgment and order dated 28.11.2025 with a direction upon the concerned Respondent Authorities to conduct a joint verification of the entire area claimed and occupied by the Petitioners in presence and participation of the Petitioners, and also provide the Petitioners an opportunity to submit documents in support of their claims.

¶710

In the meantime, some of the persons, aggrieved by the judgment and order dated 18.08.2025 passed by the learned Division Bench of this Court in Writ Appeal No. 251/2025, approached the Supreme Court under Article 136 of the Constitution. The Supreme Court, vide the judgment dated 10.02.2026 in Abdul Khalek (supra) issued various directions.

¶711

In pursuance to the directions issued in Abdul Khalek (supra) , notices were issued to each of the Petitioners on 21.02.2026. The Petitioners submitted replies. Pursuant thereto, the impugned Speaking orders were passed on 07.03.2026, holding inter alia that

¶712

Page No.# 128/237

¶713

the Petitioners were in unauthorized occupation of Lutumai Reserved Forest and this aspect was found on the basis of a joint field verification by the Forest and Revenue officials using ground survey and GPS coordinates, which showed that the Petitioners’ occupation fell within the notified limits of the Lutumai Reserved Forest. It was mentioned in the Speaking Orders that despite opportunities, the Petitioners could not produce any document conferring right, title or authority over the land under their occupation. The Petitioners were directed by the various Speaking Orders to vacate the unauthorized occupation in Lutumai Reserved Forest within 15 days of the issue of the Speaking Order, failing which action would be taken. It is under such circumstances, the present writ petition was filed on 18.03.2026.

¶714

This Court, vide order dated 31.03.2026 issued notice and taking into account the undertaking furnished by Mr. P.N. Goswami, the learned Additional Advocate General, Assam, that no steps would be taken pursuant to the Speaking Orders, this Court did not pass any interim directions. However, subsequently, vide an order dated 07.04.2026, this Court directed the Respondent Forest Department not to take any steps for eviction of the Petitioners from the reserved forest in question.

¶715

Page No.# 129/237

¶716

The records reveal that the Respondent No. 6 filed an Affidavit-in-Opposition and the Petitioners have also filed an Affidavit-in-Reply to the said Affidavit-in-Opposition filed by the Respondent No. 6. There is also an Additional Affidavit filed on behalf of the Respondent No. 2.

¶717

WP(C) No. 1615/2026, WP(C) No. 1616/2026, WP(C) No. 1620/2026, WP(C) No. 1633/2026 and WP(C) No. 1691/2026

¶718

The factual matrix of the Writ Petitioners in the above batch of writ petitions is similar to the facts of the Writ petitioners in WP(C) No. 1649/2026 . Under such circumstances, this Court for the sake of brevity, would not like to repeat the stand of the Petitioners in these writ petitions save and except observing that the Petitioners in these writ petitions claim to be residents of various villages which fall within different notified Gaon Panchayat and they have been issued public documents viz. Aadhaar Cards, Ration Cards, Voter IDs, Electricity connections as well as certificates issued by the Panchayat Authorities. All these Petitioners were issued Notices on 21.02.2026, pursuant to the judgment of the Supreme Court in the case of Abdul Khalek (supra) and the Petitioners filed their replies/representations. Thereupon, Speaking Orders were passed on 07.03.2026 against all the Writ Petitioners asking them to

¶719

Page No.# 130/237

¶720

vacate within 15 days. Under such circumstances, the Writ Petitioners have filed the present batch of writ petitions. Affidavitsin-Opposition were filed by the Respondent Authorities and thereupon the Petitioners replied by filling Affidavits-in-Reply. Additional Affidavits were also filed by the State Respondents.

¶721

WRIT PETITIONS PRIMARILY BASED UPON TAUNGYA RIGHTS

¶722

A set of writ petitions were filed wherein the Petitioners claimed rights on the basis of settlements granted to the Taungya, and some Petitioners asserted that the original Taungya settlement holders had sold the rights to them and as such they cannot be evicted from the reserved forests. The Writ Petitioners espousing such rights are in WP(C) No. 1688/2026, WP(C) No. 1690/2026, WP(C) No. 1694/2026 and WP(C) No. 1708/2026. The factual matrix of the said writ petitions are narrated herein under:

¶723

WP(C) No. 1688/2026

¶724

82 (Eighty Two) Petitioners joined together to file the writ petition assailing the impugned Speaking Orders dated 07.03.2026. It is the case of the Petitioners herein that the Petitioners are in continuous, peaceful, open, uninterrupted possession and

¶725

Page No.# 131/237

¶726

occupation of a plot of land admeasuring 300 Bighas situated at village Matikhula under Nagaon Forest Division for more than 75 (seventy five) years along with their families, tracing their occupation from the time of their ancestors. It is the further case of the Petitioners that they belong to a Revenue Village called Ranipukhuri under Kampur Revenue Circle of Nagaon District, and some of the Petitioners have been paying the land revenue to the Government of Assam in respect to the lands under their occupation. Some of the revenue receipts have been enclosed as Annexure-1 (colly). The Petitioners also state that they have been issued public documents viz. Voter Identity Cards, Aadhaar Cards, PAN Cards, and Ration Cards showing inter alia that the Petitioners are residents of village Matikhula. These documents are enclosed as Annexure-2 (colly) and Annexure-3 (colly). It is the further case of the Petitioners that on 14.12.1977, the Government of Assam recognized the feasibility of settlement within the Lutumai Reserved Forest Area and the Under Secretary to the Government of Assam, Revenue (Settlement) Department, Development Branch issued a communication to the Deputy Commissioner, Nagaon directing settlement of approximately 8,824 Bighas of land in favour of local inhabitants of a nearby village adjacent to Village Matikhula. It is the claim of the Petitioners herein that such Governmental actions clearly establish that portions of the land

¶727

Page No.# 132/237

¶728

within the reserved forest were, even as per the State's own assessment, suitable for human habitation and settlement. The Petitioners herein also claim that the Petitioners are entitled to parity of consideration before any action is taken.

¶729

It is also the case of the Petitioners that in the year 2004, the ancestors of the present Petitioners approached this Court by filing a writ petition being WP(C) No. 2947/2004. This Court, vide an order dated 29.11.2006, disposed of the writ petition thereby directing that the Petitioners shall not be evicted from the lands in question without following the procedure established by law. It is also the case of the Petitioners that on 30.11.2022, the Office of the Range Forest Officer, Kampur Range forwarded a petition submitted by the Petitioners seeking allotment and regularization of the land in favour of Non-ST residents residing within the Lutumai Reserved Forest Area. However, despite the passage of substantial time, the Respondent Authorities did not take any decision.

¶730

It is the further case of the Petitioners that the Petitioners were issued eviction notices on 08.10.2025 alleging that the Petitioners were in illegal occupation of land within the Lutumai Reserved/Protected Forest Area. The Petitioners submitted a

¶731

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¶732

representation before the Divisional Forest Officer, Nagaon Forest Division on 22.10.2025 wherein they respectively prayed for a joint verification and proper boundary demarcation of the alleged forest area in their presence and further requested the authorities to refrain from taking any coercive action. It is the case of the Petitioners that though this representation was pending, the Respondent Authorities selectively initiated eviction proceedings in 2025. It is alleged that approximately 1,200 families have been living in the area for decades, but eviction notices were issued only against 120 families, predominantly belonging to the Muslim community. The Petitioners being aggrieved by the issuance of the notice and the non-consideration of their representation approached this Court by filing a writ petition which was registered and numbered as WP(C) No. 6290/2025. The learned Coordinate Bench of this Court vide an order dated 06.11.2025 disposed of the writ petition thereby granting liberty to file representation and for due consideration. In pursuance thereto, representations were filed.

¶733

The Divisional Forest Officer, Nagaon Division thereupon passed an order on 21.11.2025 rejecting the Petitioners’ representation as baseless. It was alleged that neither any opportunity of personal hearing nor joint verification were carried

¶734

Page No.# 134/237

¶735

out. The Petitioners were asked to vacate the land by 29.11.2025, failing which, forcible eviction with police aid threatened.

¶736

The Petitioners further alleged that pursuant to the judgment passed in the case of Abdul Khalek (supra), the Petitioners were issued notices on 21.02.2026 by the Office of the Divisional Forest Officer, Nagaon Division directing the Petitioners to submit their representation along with documentary evidence in support of the claim for authorized occupation. The Petitioners submitted representations on 26.02.2026 and thereupon the impugned Speaking Orders were passed on 07.03.2026.

¶737

The records reveal that the Respondent No. 4 had filed an Affidavit-in-Opposition. A Rejoinder Affidavit was filed by the Petitioners against the Affidavit-in-Opposition filed by the Respondent No. 4. Further to that, an Additional Affidavit was filed by the Respondent No. 1.

¶738

WP(C) No. 1690/2026

¶739

177 (One Hundred Seventy Seven) Petitioners joined together to file the writ petition challenging the impugned Speaking orders dated 07.03.2026 issued by the Divisional Forest Officer, Nagaon Division. The Petitioners herein claim to be residents of the villages

¶740

Page No.# 135/237

¶741

of 9 No. Kheroni, Padumoni, Hatijur, Chankhola and Kandapara in the Barpani, Chankhola and Ulumguri Gaon Panchayat under Binnakandi and Barhampur Anchalik Panchayat in the district of Nagaon.

¶742

To substantiate the Petitioners' occupation, they have enclosed their Aadhaar Cards, Voters' List, Voters' IDs, Identity Cards, Ration Cards, etc., as Annexure-1 (colly) to the writ petition. The Petitioners claim that the lands under their possession falls within the notified villages under the Assam Panchayat Act, 1994, and the Petitioners have also been issued certificates by the concerned Panchayat Authorities. It is the case of the Petitioners that the lands under their possession were formally allotted to them by the Government of Assam in the Forest Department itself, as evident from the official certification issued to the Petitioners by the Forest Range Officer, Kampur, Nagaon in the year 1974. It is claimed by the Petitioners that some of the Petitioners have been issued Taungya certificates by the Forest Range Officer, Kampur Range in the year 1974, which are collectively enclosed as Annexure-4 (colly) to the writ petition.

¶743

This Court has duly perused Annexure-4 (colly) to the writ petition. A perusal of those documents show that after eviction of

¶744

Page No.# 136/237

¶745

700 evicted families from Kaki Reserved Forest and 300 evicted families of Lutumari Longjap Reserved Forest, certain applications were forwarded by the Joint Secretary to the Government of Assam, Forest Department to the Deputy Commissioner, Nagaon for due consideration. In addition to that, Annexure-4 includes a telegram dated 12.12.1974 which shows that those evictees of the Kaki Reserved Forest and Lutumai Reserved Forest were requested to give shelter under Taungya system on temporary basis.

¶746

The records reveal that the Petitioners being aggrieved by the notice dated 08.12.2025, issued by the Divisional Forest Officer, Nagaon Forest Division filed 3(three) writ petitions before this Court which were registered and numbered as WP(C) No. 223/2026, WP(C) No. 224/2026 and WP(C) No.7391/2025. This Court disposed of the said writ petitions vide separate judgment and order, by taking into account that in the meantime, the judgment of the Supreme Court in the case of Abdul Khalek (supra) was pronounced and thereby directing the Respondent Authorities to take steps in accordance with the directions passed in Abdul Khalek (supra) . Pursuant thereto, notices were issued on 21.02.2026, and the Petitioners submitted replies on 27.02.2026. Thereafter, the impugned Speaking Orders were passed on 07.03.2026.

¶747

Page No.# 137/237

¶748

The records further reveal that an Affidavit-in-Opposition was filed by the Respondent No. 6, and a reply thereagainst filed by the Petitioners. In addition to that, an Additional Affidavit was also filed by the Respondent No. 2.

¶749

WP(C) No. 1694/2026

¶750

21 (Twenty One) Petitioners joined together to file this Writ Petition challenging the impugned Speaking Orders dated 07.03.2026. It is the case of the Petitioners that they are residents of villages Podumoni Tongia (Hatipara Forest Village) in the district of Nagaon for many years. It is the case of the Petitioners that the rights of possession of the Petitioners are claimed from original Taungya certificate holders who were issued Taungya certificates by the Government under a Taungya system in 1974.

¶751

The Petitioners have enclosed the telegram dated 12.02.1974 to claim that original Taungya holders were allowed to do plantation, pursuant to a letter dated 13.02.1974. The Petitioners, however, admit that though the Petitioners are not the original landowners or the recorded landholders of the lands in question, but they have been residing with due knowledge of the local administration. To substantiate the same, the Petitioners have enclosed the Voters' List, Identity Cards, Ration Cards, Electricity

¶752

Page No.# 138/237

¶753

Bills etc. as Annexure-3 (series) to the writ petition. The records further reveal that on 08.12.2025, the Divisional Forest Officer, Nagaon Division issued notices upon the Petitioners of eviction on the ground that the Petitioners were under occupation of the Lutumai Reserved Forest. The Petitioners approached this Court by filing a writ petition being WP(C) No. 223/2026. In the meantime, the Supreme Court passed the judgment in the case of Abdul Khalek (supra) and this Court vide judgment and order dated 12.02.2026 disposed of the said writ petition, thereby directing the Respondents to take steps in consonance with the directions passed by the Supreme Court in the case of Abdul Khalek (supra) .

¶754

The record further reveals that pursuant thereto, notices were issued to the Petitioners on 21.02.2026, and the Petitioners filed replies/representations. Subsequent thereto, the impugned Speaking Orders dated 07.03.2026 were passed.

¶755

The records further reveal that the Respondent No. 5 filed an Affidavit-in-Opposition. Affidavit-in-Reply has also been filed by the Petitioners against the Affidavit-in-Opposition filed by the Respondent No. 5. In addition to that, an Additional Affidavit was also filed by the Respondent No. 2.

¶756

Page No.# 139/237

¶757

WP(C) No. 1708/2026

¶758

15 (Fifteen) Petitioners joined together to file the writ petition challenging the impugned Speaking Orders dated 07.03.2026 issued by the Divisional Forest Officer, Nagaon Division. The Petitioners herein claim to be residents of village 9 No. Kheroni Tongia under Nagaon Forest Division, Assam. The Petitioners claim to be in continuous, peaceful, open, uninterrupted possession and occupation of approximately 60 Bighas of land for many decades. It is claimed by the Petitioners that possession of the Petitioners are lawful and was duly delivered by the Taungya settlers by way of sale and gift, who were permitted by the Forest Department to occupy and cultivate the land under the Taungya Settlement Scheme in the year 1974. Reference was made to the letter dated 07.06.1974 as well as the order dated 13.02.1974. It is the specific case of the Petitioners herein that they have been conferred rights to remain in possession and occupation of the land under their possession upon being transferred to them by the original Tongia settlers in whose name the land was initially allotted by the Forest Department. An eviction notice was issued to the Petitioners on 08.12.2025. The Petitioners being aggrieved filed a writ petition before this Court, which was registered and numbered as WP(C) No. 224/2026.

¶759

Page No.# 140/237

¶760

In the meantime, the judgment of the Supreme Court was rendered in the case of Abdul Khalek (supra), and accordingly, this Court disposed of the writ petition being WP(C) No. 224/2026 vide judgment and order dated 12.02.2026 thereby directing the Respondent Authorities to take steps in terms with the judgment of the Supreme Court in the case of Abdul Khalek (supra). Pursuant thereto, notices were issued to the Petitioners on 21.02.2026. Representations were submitted by the Petitioners on 27.02.2026. Thereupon, the impugned Speaking Orders dated 07.03.2026 were passed.

¶761

The records reveal that pursuant to the filing of the instant writ petition, Affidavit-in-Opposition was filed by the Respondent No. 4. The Petitioners also filed an Affidavit-in-Reply. In addition to that, an Additional Affidavit was filed by the Respondent No. 1.

¶762

WRIT PETITIONS CLAIMING RIGHTS ON THE BASIS OF PATTA ISSUED AND PAYMENT OF LAND REVENUE TO THE REVENUE DEPARTMENT

¶763

The third set of Writ Petitioners claim that the lands under their occupation are revenue lands. Some of them were granted Annual Pattas and some are paying Touzi Mouza (penalty for occupation of Government lands). The writ petitions espousing this

¶764

Page No.# 141/237

¶765

cause of action the writ petitioners in WP(C) No. 1618/2026 and WP(C) No. 1628/2026. The factual matrix of the said writ petitions are mentioned herein under:

¶766

WP(C) No. 1618/2026

¶767

13 (Thirteen) Petitioners filed the instant writ petition challenging the impugned Speaking Orders dated 07.03.2026 issued by the Divisional Forest Officer, Nagaon Division. The Petitioners claim that they are in possession of 100 Bighas of land at Village Juripar since the days of their forefathers by erecting dwelling houses and planting trees, etc. It is the case of the Petitioners herein that the village falls under the Revenue Village. An allotment was given by the District Administration and the Petitioners are paying land revenue. However, no such documents in that regard enclosed to the writ petition. The Petitioners were issued eviction notices on 21.11.2025 by the Respondent No. 6 stating inter alia that they were residing over lands falling under the Lutumai Reserved Forest Area, which the Petitioners claim that these lands were outside the reserved forest land as they have been allotted lands by the District Administration. The Petitioners thereupon filed a writ petition before this Court which was registered and numbered as WP(C) No. 7443/2025.

¶768

Page No.# 142/237

¶769

The learned Coordinate Bench of this Court vide an order dated 19.12.2025 disposed of the writ petition with a direction to the Petitioners to file representation before the Divisional Forest Officer, Nagaon Forest Division within a period of 7 (seven) days, enclosing all relevant documents in support of their claim. The Divisional Forest Officer, Nagaon Forest Division was directed to consider the same and pass a reasoned order by following the law within 15 (fifteen) days. It was also observed that in the circumstance, the Petitioners failed to submit the representation within the specified period, the Respondent Authorities shall be at liberty to proceed with the eviction notice dated 21.11.2025.

¶770

In the meantime, in view of the judgment passed by the Supreme Court in the case of Abdul Khalek (supra), notices were issued to the Petitioners for submitting evidence. The Petitioners submitted representation on 27.02.2026 along with certain documents. Pursuant thereto, the impugned Speaking Orders were passed on 07.03.2026, which is the subject matter of challenge in the present writ petition.

¶771

Be that as it may, an Additional Affidavit was filed by the Petitioners on 01.04.2026 whereto the Petitioners enclosed a sale deed as well as certain revenue receipts in respect to various plots

¶772

Page No.# 143/237

¶773

of land.

¶774

WP(C) No. 1628/2026

¶775

20 (Twenty) Petitioners filed the writ petition challenging the various impugned Speaking Orders dated 07.03.2026 issued by the Divisional Forest Officer, Nagaon Division. It is the case of the Petitioners that the Petitioners are residing over a plot of land at Village Longjap, 700 Acre (Padumoni) covered by Dag No. 368 and Patta No. 1140, since the days of their forefathers, by erecting dwelling houses and planting trees, etc. On 21.11.2025, the Respondent No. 6 had issued notices to the Petitioners informing the Petitioners that they are in possession of the Lutumai Reserved Forest Area, though it is the claim of the Petitioners that the land under their possession is outside the reserved forest area. It is the further case of the Petitioners that the Petitioners were asked to vacate within 15 (fifteen) days. The Petitioners thereupon filed writ petitions before this Court, which were registered and numbered as WP(C) No. 412/2026, WP(C) No. 7454/2025, WP(C) No. 7462/2025, WP(C) No. 7452/2025, WP(C) No. 7464/2025, WP(C) No. 7406/2025, and various other writ petitions.

¶776

The said writ petitions were disposed of thereby granting the Petitioners an opportunity to submit their respective

¶777

Page No.# 144/237

¶778

representations and directions were issued for consideration of the representation. In the meantime, the judgment of the Supreme Court was passed in the case of Abdul Khalek (supra) and notices were issued to the Petitioners on 21.02.2026. The Petitioners submitted their representations and thereupon the Speaking Orders dated 07.03.2026 were passed, which are the subject matter of challenge in the present writ petition. It is also relevant to take note of that the Petitioners have also filed an Additional Affidavit, thereby enclosing certain allotment cards issued in respect to the Lutumai De-Reserved Area as well as various unregistered Deeds of Sale of Government lands. Certain land revenue receipts have also been enclosed. There is however nothing to show how the Allotment cards in respect to the Lutumai De-reserved Area has any relation with the Petitioners.

¶779

In the backdrop of the above pleadings, let this Court now consider the respective submissions made by the learned counsels for the parties.

¶780

SUBMISSIONS MADE BY THE LEARNED COUNSELS FOR THE PARTIES

¶781

Mr. A.R. Bhuyan, the learned Senior Counsel as well as the

¶782

Page No.# 145/237

¶783

other learned counsels appearing on behalf of the Petitioners submitted that the impugned Speaking Orders assailed in the present batch of writ petitions have been passed mechanically without taking appropriate steps for proper verification, which is required in terms with the judgment of the Supreme Court in the case of Abdul Khalek (supra) . The learned counsels appearing on behalf of the Petitioners further submitted that the verification required to be done, whether the land under the occupation of the Petitioners falls within the forest land or revenue land was not carried out in accordance with the directions passed by the Supreme Court in the case of Abdul Khalek (supra). The learned counsels submitted that the manner the verification were to be carried out ought to have been on the basis of the original map which was prepared at the time when the reserved forests were constituted by appropriate Notifications. As the original maps were not taken into consideration, the verifications made, cannot be said to be accurate, thereby permitting the Respondent Authorities to carry out any eviction in view of the directions passed by the Supreme Court in the case of Abdul Khalek (supra) .

¶784

The learned counsels for the Petitioners submitted that the Petitioners are in occupation of various lands which are villages notified under Section 5(2) of the Assam Panchayat Act, 1994 and

¶785

Page No.# 146/237

¶786

in that regard referred to the Notification dated 15.10.2024, issued by the Panchayat and Rural Development Department of the Government of Assam. The learned counsels, therefore, submitted that when the Petitioners are in occupation of lands which are within respective Gaon Panchayats, the same cannot be construed in any manner to be lands within the reserved forests in question. The learned counsels further submitted that the various documents which were produced would show that the Petitioners have been in long possession of these lands and would be evident from the Aadhaar Cards, Voters' Lists, Voters' ID Cards, Identity Cards, Ration Cards, etc. which are enclosed to the writ petitions. The issuance of these documents would clearly show that the Government has recognized the Petitioners’ possession in these lands.

¶787

Mr. A.R. Bhuyan, the learned Senior Counsel appearing on behalf of some of the Writ Petitioners submitted that though some of the Petitioners admit that they are within the reserved forest, but they have been either permitted under the Taungya system to occupy and hold the lands by the Forest Officials of the Government of Assam prior to the enactment of the Forest (Conservation) Act, 1980 and some have obtained derivative title from those persons who have been allotted lands under the

¶788

Page No.# 147/237

¶789

Taungya system. The learned Senior Counsel, therefore, submitted that under such circumstances, these persons cannot be said to be unauthorized occupants thereby initiating steps for eviction. The learned Senior Counsel further submitted that the said aspect have not been considered while passing the Speaking Orders assailed in the present batch of writ petitions.

¶790

The learned Senior Counsel also submitted that in terms with various communications issued by the Forest Department of the Government of Assam in the year 2003, as well as the Government of India, those persons who have been residing prior to 1980, ought to be regularized, and this aspect would be further apparent from Clause 4.3.1.1 of the Assam Forest Policy, 2004. The Petitioners in the present writ petitions have been residing in these lands, even prior to the Forest (Conservation) Act, 1980 coming into force and even assuming that these lands fall within the reserved forest, the Petitioners’ cases should have been regularized, rather than taking steps for evicting the Petitioners.

¶791

Per contra, Mr. P.N. Goswami, the learned Senior Counsel appearing on behalf of the State Respondents submitted that in terms with the judgment passed by the Supreme Court in the case of Abdul Khalek (supra), a Committee was constituted by the

¶792

Page No.# 148/237

¶793

Respondent Authorities comprising of Forest Officials and Revenue Officials vide Notification dated 17.02.2026. The Committee, thereupon, carried out the verification of the boundaries of the 4 (four) reserved forests which are the subject matter of the present batch of writ petitions. The learned Senior Counsel further submitted that on the basis of the original map and by employing scientific methods, field survey was conducted and the geocoordinates of the boundaries of the reserved forests were ascertained which were accurate to the extent of around 2 centimeters and after ascertaining the boundaries, notices were issued to each of the Petitioners taking into account these Petitioners were found to be in occupation of lands within the reserved forests and asking them to produce any documents to substantiate as to on what basis they are in occupation of reserved forest. In that regard, the learned Senior Counsel referred to the contents of the notices which have been issued and submitted that replies thereagainst were filed by most of the Petitioners. In these replies, the Petitioners did not provide any documents which would substantiate their right to remain within the reserved forest. The learned Senior Counsel submitted that Voter Cards, Aadhaar Cards, Ration Cards, or Certificates issued by the Panchayat Authorities cannot be construed as documents entitling the Petitioners to remain in occupation within the reserved forests. The learned

¶794

Page No.# 149/237

¶795

Senior Counsel further submitted that all these aspects were duly taken into consideration, and thereupon Speaking Orders were passed in each of the cases thereby clearly indicating that the Petitioners failed to substantiate their rights to remain within the reserved forests.

¶796

Mr. P.N. Goswami, the learned Senior Counsel for the State Respondents submitted that in terms with the judgment of the Supreme Court in the case of Abdul Khalek (supra), 15 (fifteen) days time was granted to the Petitioners to vacate. The learned Senior Counsel, therefore, submitted that this Court may not like to interfere, as the authorities have carried out the proper fact-finding exercise. To substantiate the said argument, the learned Senior Counsel drew the attention of this Court to the maps which have been enclosed to the Additional Affidavits so filed, wherein the boundaries of the reserved forest were duly delineated. The learned Additional Advocate General further submitted that for the convenience of this Court, apart from the maps clearly delineating the boundaries, separate maps have also been enclosed to show the Petitioners’ occupation within the reserved forests with coloured marks. The geo-coordinates of the 4 (four) reserved forests as well as the geo-coordinates of the Petitioners’ possession which are ascertained on the basis of scientific analysis were also

¶797

Page No.# 150/237

¶798

mentioned in the Affidavits as well as in the Additional Affidavits.

¶799

Insofar as the Taungya system is concerned, the learned Senior Counsel submitted that the Taungya system was a colonial era arrangement under which Jhumming communities and local inhabitants who traditionally practiced slash-and-burn agriculture were given 5 (five) years to raise forest plantation, after which they were asked to vacate the area. The learned Senior Counsel further submitted that the Forest Department neither promised any permanent settlement nor constituted any framework for their settlement in any forest village permanently. Referring to the wireless message dated 12.02.1974 and subsequently the letter dated 07.06.1974, which forms the basis of the Petitioners claiming rights under the Taungya system, the learned Senior Counsel submitted that the perusal of the documents refer to about 300 evicted families of Lutumai Reserved Forest. The purpose of the letter was to make some temporary arrangement post-eviction.

¶800

The learned Senior Counsel further elaborating his submissions on the rights of Taungya submitted that the word “Taungya system” is used in the Forest Department to denote a system of plantation introduced during the British era for Jhumming communities and local inhabitants who traditionally

¶801

Page No.# 151/237

¶802

practiced slash-and-burn agriculture, under which certain area of land was allocated to these families who did slash-and-burn agriculture to clear the undergrowth first and to clear plantation between the planted rows, i.e., crops and vegetables such as cotton, ginger, turmeric, etc. This continued until 5 (five) years till the plantation matured and became tall enough, achieving a height of 5-6 meters. Thereupon, the Taungya communities moved to other parts of the forest where regeneration and plantation were required. The learned Senior Counsel therefore submitted that from the letter dated 07.06.1974, it can be deduced that the 300 families in the Lutumai Reserved Forest were allowed as temporary shelters at best for 5 (five) years and after which they were expected to move out of the forests. There was never a promise by the Forest Department regarding permanent settlement or the Forest Department constituted any framework for their settlement in any forest village permanently.

¶803

The learned Senior Counsel further submitted that on 25.10.1980, the Forest (Conservation) Act, 1980, (for short, “the Act of 1980”), came into force, and as per Section 2 of the Act of 1980, no forest land can be used for non-forest activity without the prior concurrence of the Central Government. The learned Senior Counsel therefore submitted that under such circumstances, it is

¶804

Page No.# 152/237

¶805

not possible at all to provide settlement to these families within the Reserved Forest after the coming into effect of the Act of 1980.

¶806

Mr. R. Borpujari, the learned Standing Counsel for the Revenue and Disaster Management Department submitted that a policy of the Government is a deliberate statement of intent which the Government proposes to adopt to address socio-economic, political or environmental issues. The policy of the Government is dependent on the availability of material resources, and as such no right is created on the basis of the policy. A right would be created only when the policy of the Government is made effective by issuance of appropriate executive orders in the form of Notification etc. Referring to Clause 4.3.1.1 of the Assam Forest Policy, 2004, the learned Standing Counsel submitted that the Government's policy was to consider rehabilitation of those persons who were permitted to reside prior to 1980 with the approval of the Competent Authority. This policy would depend upon the availability of material resources with the Government and in that regard the Government of Assam had framed Assam Land Policy, 2019 which stipulates various criteria. The learned Standing Counsel further submitted that under no circumstances, the Petitioners herein can be allowed to reside within the reserved forests.

¶807

Page No.# 153/237

¶808

ANALYSIS AND DETERMINATION

¶809

POINTS FOR DETERMINATION

¶810

The following points for determination arises:

¶811

(i) Whether the Respondent Authorities prior to passing of the impugned Speaking Orders followed the procedural safeguards mandated by the directions passed by the Supreme Court in the case of Abdul Khalek (supra) ?

¶812

(ii) If the answer to the first point for determination is in the affirmative, have the Petitioners been able to show any documents/evidence to substantiate their right to remain inside the Reserved Forests?

¶813

(iii) What order(s)/direction(s) are required to be passed in the present proceedings?

¶814

FIRST POINT FOR DETERMINATION

¶815

This Court, in the previous segments of the instant judgment, quoted paragraph Nos. 11 to 13 of the judgment rendered by the Supreme Court in the case of Abdul Khalek (supra). From a perusal

¶816

Page No.# 154/237

¶817

of the contents of the said paragraphs, it would be apparent that the Supreme Court observed that the procedures so mentioned in the Additional Affidavit filed by the Government of Assam on 18.01.2026 for the approval of the Supreme Court were held to contain sufficient procedural safeguards.

¶818

The materials on record show that the Governor of Assam had constituted Committees of Forest Officials as well as Revenue Officials vide a Notification dated 17.02.2026. The contents of the said Notification being relevant are reproduced herein under:

¶819

“ GOVERNMENT OF ASSAM ENVIRONMENT, FOREST AND CLIMATE CHANGE DEPARTMENT DISPUR, GUWAHATI-6

¶820

ORDERS BY THE GOVERNOR

¶821

NOTIFICATION

¶822

ECF No. 700588/521: The Government of Assam has been following a procedure for eviction of unauthorized occupants from any unauthorized occupation in general and from the notified forest land/reserved forest land in particular. The said procedure was also placed before the Hon'ble Supreme Court in the matter of C.A. No. 001464 – 001465 of 2026 (@ SLP(C)) No. 23647-23648 of 2025 with W.P.(C) NO. 1046 of 2025, CIVIL APPEAL NO. of 001466 of 2026 (@ SLP(C) NO. 32624 of 2025), CIVIL APPEAL NO.001467 of 2026 (@ SLP (C) NO. 32296 of 2025), CIVIL APPEAL NO. 001468 of 2026 (@ SLP(C) NO. 32993 of 2025), CIVIL APPEAL NO. 001469 of 2026 (@ SLP (C) NO. 34412 of 2025), CIVIL APPEAL NO. 001470 of 2026 (@ SLP(C) No. 34556 of 2025) and W.P. (C) NO. 65 of 2026.

¶823

With a view to formalize and codify the procedure being followed and with a view to ensure that no deviation from the procedure takes place, it is found desirable to issue the present Notification.

¶824

Page No.# 155/237

¶825

The Governor of Assam, therefore, is pleased to constitute a District-level Committee to remove encroachment from notified forest land/reserved forest land of the State Government/under the control and being managed by the Government of Assam. The Committee shall comprise of the following members:-

¶826

1. District Commissioner Chairman
2. Divisional Forest Officer Member Secretary
3. ADC Revenue Member
4. Concerned Range Officer Member
5. Concerned Circle Officer Member

¶827

Terms of Reference:

¶828

The following shall be the role & responsibilities of the Committee:

¶829

The Committee shall issue notice to the alleged unauthorized occupants and shall give them an opportunity to adduce evidence to show that they have legal and Statutory right to occupy the land which is in their possession.

¶830

The action for removal of encroachment shall be taken, only if it is found that there is an unauthorized encroachment in the forest area reserved forest area.

¶831

In case the noticee is found to be within the revenue limits, outside the notified forest area/reserved forest area, the details of the noticee shall be sent to the Revenue department. In such cases,

¶832

Page No.# 156/237

¶833

Revenue department shall decide the future course of action.

¶834

If an unauthorized occupation is found in a forest/reserved forest area, after scrutiny of the documents, a Speaking Order shall be passed and shall be served on the concerned person giving him 15 days' notice to vacate the unauthorized occupation and only after expiry of the said period of notice, the action shall be taken to remove the unauthorized occupants.

¶835

The occupation in a Gaon Panchayat in a forest shall be permissible only if there is a sufficient proof as per the Jamabandi Register maintained by the Forest Department or as provided under the Forest Rights Act.

¶836

Member Secretary of the Committee will issue notices and sign the Speaking Orders on behalf of the Committee.

¶837

Special Chief Secretary to the Govt. of Assam Environment, Forest & Climate Change Department”

¶838

It is apposite herein to observe that a perusal of the said Notification appears to be in pursuance to the directions passed by the Supreme Court in Abdul Khalek (Supra). It is of importance to note that the Terms of Reference categorically mentioned that the Committee(s) so constituted would only take steps for eviction in respect to Forest lands and not Revenue lands. Further the Terms of Reference made it clear that one of the document amongst

¶839

Page No.# 157/237

¶840

others which would be taken into consideration are the Jamabandi (record of rights) maintained by the Forest Department and entries made in the said Jamabandi.

¶841

In view of the Terms of Reference contained in the Notification dated 17.02.2026 as well as the directions passed by the Supreme Court in Abdul Khalek (supra), the Reserved Forests in question were required to be delineated with precision so that only in respect to the Forest lands eviction proceedings are carried out and not in the revenue lands. The records, more particularly the Affidavits filed by the Respondent State would show that the Forest Officials along with the Committee members conjointly took steps to survey the Reserved forests in question in order to ascertain the boundaries. The method employed to ascertain the boundaries of the 4 (four) reserved forests have been in detail described in the enclosures to the Additional Affidavits filed by the Respondent State.

¶842

METHODOLOY EMPLOYED TO ASCERTAIN THE BOUNDARIES OF THE RESERVED FORESTS AND DIGITIZATION OF THE BOUNDARIES.

¶843

This Court finds it relevant to reproduce the contents of Part-I of the Report enclosed to the Additional Affidavit filed by the

¶844

Page No.# 158/237

¶845

Respondent State in WP(C) No. 1615/2026.

¶846

“ PART I

¶847

GENERAL METHODOLOGY FOR SURVEY AND DIGITIZATION OF RESERVED FORESTS

¶848

2. OVERVIEW

¶849

The methodology consists of two logically connected stages. The first stage is documentation-based. The original gazette notification constituting the Reserved Forest is read together with historical georeferenced Survey of India (SoI) toposheets and contemporary orthorectified and georeferenced satellite imagery (Orthoimage), and plotting the notified boundary in GIS software. The second stage is field-based. The plotted boundary is physically verified on the ground using a Differential Global Positioning System / Differential Global Navigation Satellite System (DGPS / DGNSS) rover with Real Time Kinematic (RTK) correction from SoI Continuously Operating Reference Stations (CORS Network), by a team comprising a qualified survey expert and officers of the Forest Department, together with members of the designated committee. Coordinates of existing boundary pillars and of any encroachments found within the notified area are captured, plotted on the same geo-referenced base map, and thereafter verified.

¶850

The combination of these two stages ensures that every corner point of the Reserved Forest boundary, and the location of every encroachment, can be expressed in absolute latitude/longitude coordinates in the WGS-84 datum, and can be visually verified against real-world ground features captured in the satellite imagery.

¶851

Page No.# 159/237

¶852

3. STAGE 1 - GEO-REFERENCING OF THE NOTIFIED BOUNDARY

¶853

3.1 Collection of Primary Records

¶854

For each Reserved Forest, the following primary records are collected from the Divisional records, the State Archives and, where available, from the Revenue Department:

¶855

The original gazette notification declaring the area as Reserved Forest, along with the Schedule describing the boundaries and the area statement;

¶856

The original sketch map accompanying the notification.

¶857

Survey Methodology and Ground Verification

¶858

Survey of India toposheets covering the Reserved Forest.

¶859

Recent satellite imagery.

¶860

3.2 Preparation of the Geo-referenced Base Map

¶861

The reference layer is an orthoimage, a georeferenced and geometrically corrected aerial or satellite image in which every pixel carries a precise latitude and longitude coordinate in the UTM coordinate system. The original SoI toposheet, which in itself carries a known geographic coordinate system, is used as the outer framework. Where two or more adjacent toposheets are required to cover a single Reserved Forest, the toposheets are stitched (mosaicked) together in GIS software to produce a single continuous geo-

¶862

Page No.# 160/237

¶863

referenced base map of the area.

¶864

Identifiable ground control points (GCPs) such as road junctions, bridges, river confluences, existing forest department pillars and other stable landmarks are marked both on the SoI toposheet and on the satellite image. The two layers are then digitally superimposed into alignment in GIS software. The result is that the notified boundary of the Reserved Forest, when overlaid on this composite base, can be visually checked against actual ground features.

¶865

3.3 Plotting of the Notified Boundary

¶866

The boundary description in the gazette notification typically given as a sequence of numbered pillars with bearings, distances and natural features such as streams, ridges, roads and river banks is translated into a digital polyline in GIS software. Each pillar is assigned its latitude and longitude coordinates.

¶867

4. STAGE 2 — GROUND VERIFICATION USING DGPS / DGNSS ROVER

¶868

4.1 Survey Equipment and Accuracy

¶869

The field survey is carried out using a DGNSS RTK Rover. The essential components of the rover are: a DGNSS antenna and receiver which receives signals from GPS, GLONASS, Galileo, Gagan satellite constellations and processes the signals to compute position; a data collector / controller (a handheld touch-screen unit running survey software, which displays the realtime position and provides navigation guidance); a communication module which connects to a Continuously Operating Reference Station network over mobile internet, to receive real-time corrections); and a survey pole (typically a 2-metre carbon-fibre pole fitted with a bubble level for precise vertical

¶870

Page No.# 161/237

¶871

placement).

¶872

Field Procedure and Encroachment Recording

¶873

A standard, unaided GPS receiver has a horizontal accuracy of only ± 5 to 10 meters — sufficient for navigation, but not for land-boundary demarcation, which requires centimeter-level precision. The RTK rover, by receiving live differential corrections from a Base Station or CORS network, refines its position accuracy to approximately ± 2 to 3 centimeters. This is the accuracy required for a reliable demarcation of the Reserved Forest boundary and for the unambiguous fixing of the location of any encroachment within it.

¶874

4.2 Step-by-Step Field Procedure

¶875

Each survey point, whether a notified boundary pillar, a newly identified corner or an encroachment is captured through the following five-step procedure:

¶876

(1) Load Coordinates. The corner-point coordinates extracted from the georeferenced base map prepared at Stage 1 are loaded into the hand-held controller of the rover.

¶877

(2) Navigate to Point. The rover guides the surveyor to the exact coordinates through a real-time position display with arrow guidance.

¶878

(3) Receive Corrections. On arrival, the rover receives RTK corrections from the Base Station or CORS network and refines accuracy to approximately ± 2 to 3 centimeters.

¶879

(4) Mark the Point. Once the displayed position matches the target coordinate within tolerance, the surveyor places a permanent boundary

¶880

Page No.# 162/237

¶881

marker at that point or, where a pillar already exists, records its exact coordinate.

¶882

(5) Record and Verify. The final coordinate is stored digitally in the controller and an accuracy report is generated for each point. The coordinates are also verified by Revenue Department officials on the ground as per Digital India Land Records Modernization Programme (DILRMP) guidelines.

¶883

4.3 Composition of the Survey Team

¶884

The survey is conducted by a survey expert recognised for DGPS/DGNSS work in the State, accompanied by officers of the Committee and Forest Department.

¶885

4.4 Recording of Encroachments

¶886

At every point where an encroachment (a dwelling, cultivation, commercial structure, settlement or other permanent occupation) is found within the notified Reserved Forest boundary, the rover captures the exact coordinates of the corner points of that structure or holding. The coordinate sets are tabulated against the name of the noticee / petitioner to whom the Department has issued a notice under the Assam Forest Regulation, 1891.

¶887

5. FINAL MAP PRODUCTION AND INTEGRATION

¶888

On completion of the field survey, the captured pillar coordinates and encroachment coordinates are plotted on the geo-referenced base map prepared at Stage 1. Where the Reserved Forest is covered by more than one toposheet, the toposheets are merged (mosaicked) in GIS software to produce

¶889

Page No.# 163/237

¶890

a single continuous map at an appropriate scale (typically 1:50,000 for the final map, with larger-scale inset maps where required). The notified boundary is rendered as a prominent line so that it can be clearly distinguished from the underlying toposheet symbology. Notified pillar coordinates are shown as distinctively coloured dots and encroachment points are shown as numbered dots keyed to an annexed schedule giving the name of the noticee / petitioner corresponding to each number.

¶891

The result is a single GIS-based decision support map on which (a) the notified boundary of the Reserved Forest, (b) each boundary pillar captured on the ground, and (c) each encroachment identified within the Reserved Forest, are simultaneously visible with real-world coordinates, and can be independently verified by any observer against SoI toposheet features, Google Earth imagery and direct field inspection.”

¶892

By carrying out the aforementioned methodology, the reserved forests in question were surveyed and boundaries were digitized. In the instant batch of writ petitions, there are 4 (four) reserved forests which are: Lutumai Reserved Forest; South Nambor and Doyang Reserved Forest; Jamuna Moudanga Reserved Forest and Borpani Reserved Forest.

¶893

It is relevant for the purpose of the present analysis to deal with the Notifications issued constituting the above mentioned 4 (four) reserved forests; the survey conducted by the Committee constituted and how the boundaries in respect to the 4 (four) reserved forests were ascertained with geo-coordinates. Each of

¶894

Page No.# 164/237

¶895

the 4 (four) reserved forests are dealt with as herein under:

¶896

LUTUMAI RESERVED FOREST

¶897

In terms with Section 17 of the Assam Forest Regulation, 1891, (for short, “the Regulation”), a Notification was issued on 07.08.1928 constituting a reserved forest w.e.f. 01.09.1928 of an area admeasuring 9,216 Acres. In the said Notification, the boundaries of the Reserved Forest so constituted were specifically mentioned. A sketch map was prepared by Sri A.G. Patton identifying the various boundary pillars in terms with the Notification dated 07.08.1928. Subsequent thereto, vide Notification dated 13.10.1965, issued under Section 28 of the Regulation as amended by the Assam Forest (Amendment) Regulation III of 1912, an area of 1,200 Acres out of 9,216 acres was de-reserved vide the said Notification. The area which was dereserved was identified with specific boundaries. Subsequent thereto, vide another Notification dated 29.04.1972, issued under Section 28 of the Regulation, a further area of 1,204.0598 hectares (approximately 2,976 Acres), were de-reserved for the purpose of settlement with landless people. At this stage, this Court finds it relevant to take note of some of the Annexures enclosed to WP(C) No. 1628/2026, which would show that allotment cards issued in respect to the Lutumai De-reserved Areas. This de-reserved area

¶898

Page No.# 165/237

¶899

was also delineated in the said Notification with specific boundaries.

¶900

The Respondent Authorities while carrying out the survey and digitization of the boundaries of the Lutumai Reserved Forest navigated to each of the boundary pillars identified by the 1928 Notification with the help of the original sketch map prepared by Sri A.G. Patton. Thereafter, the pillar schedules of 1965 and 1972 de-reservation Notifications were taking into consideration using the coordinates extracted from the geo-reference base map. The maps prepared, copies thereof have been enclosed to the Affidavit filed by the Respondents, indicating the boundaries with a purple polyline. It is also seen from one of the maps enclosed wherein the location of the Petitioners in the batch of writ petitions in respect to the Lutumai Reserved Forest was shown with blue dots. The geo-coordinates of the Lutumai Reserved Forest have been mentioned in Annexure-B to the Additional Affidavit filed by the Respondent No. 1 in WP(C) No. 1708/2026 and taking into account the relevance for the purpose of the present dispute, the boundary geo-coordinates of the Lutumai Reserved Forest are reproduced herein under:

¶901

Lutumai RF Boundary Coordin	ates
Point ID Latitude	Longitude

¶902

Page No.# 166/237

¶903

P1	26.060421	92.644285
P2	26.063552	92.651894
P3	26.067117	92.660013
P4	26.069768	92.666053
P5	26.072917	92.673667
P6	26.045759	92.682941
P7	26.043637	92.69121
P8	26.046743	92.692187
P9	26.044031	92.709322
P10	26.022605	92.715027
P11	26.021231	92.690999
P12	26.028586	92.669824
P13	26.043683	92.664508
P14	26.036033	92.643132
P15	26.051033	92.64654

¶904

WP(C) No.1708/2026; WP(C) No. 1690/2026; WP(C) No. 1694/2026; WP(C) No. 1688/2026; WP(C) No. 1628/2026; WP(C) No. 1618/2026 and WP(C) No. 1649/2026 are writ petitions relating to Lutumai Reserved Forest.

¶905

JAMUNA MOUDANGA RESERVED FOREST

¶906

Page No.# 167/237

¶907

This reserved forest is a consolidated reserved forest formed through a series of Notifications issued by the Chief Commissioner/Governor of Assam in exercise of the powers conferred by Section 17 of the Regulation.

¶908

The Moudanga Reserved Forest was first notified vide Notification dated 15.05.1917 in respect to an area of 1,105 Acres w.e.f. 01.07.1917. Jamuna Reserved Forest was constituted vide Notification dated 21.09.1915 in respect of an area of 748 Acres w.e.f. 01.11.1915. Vide Notification dated 27.07.1918, an area of land admeasuring 1,440 Acres was added to the Moudanga Reserved Forest w.e.f. 15.09.1918. Vide Notification dated 29.05.1929, an area of 508 Acres was added to the Jamuna Reserved Forest w.e.f. 01.07.1929. On 22.04.1957, in exercise of powers under Section 28 of the Regulation, a Notification was issued whereby an area of 115.0 Acres was de-reserved from the Jamuna Moudanga Reserved Forest to accommodate persons evicted from reserve, and by Notification dated 02.11.1973, a further area of 826.44 Acres was de-reserved for the purpose of Agricultural Farming Co-operation. At present, the Jamuna Moudanga Reserved Forest contains an area of 2,859 Acres.

¶909

Page No.# 168/237

¶910

The survey which was carried out and the coordinates extracted from the geo-referenced map are inscribed in the final map with a prominent purple line notifying the boundary pillar's coordinates. The houses of the Petitioners in relation to the Jamuna Moudanga Reserved Forest have been inscribed in another map with blue dots for the convenience of this Court. On the basis of captured coordinates, the boundaries of the Jamuna Moudanga Reserved Forest are mentioned at Annexure-H to the Affidavit-inOpposition filed in WP(C) No. 1616/2026. The geo-coordinates of the Jamuna Moudanga Reserved Forest are mentioned herein under:

¶911

Point ID	Latitude	Longitude
P1	26.136225	92.911505
P2	26.139581	92.931462
P3	26.132538	92.930014
P4	26.125282	92.942118
P5	26.124221	92.954002
P6	26.13271	92.963797
P7	26.129195	92.966218
P8	26.115971	92.96219
P9	26.113663	92.967513
P10	26.111128	92.966787

¶912

Page No.# 169/237

¶913

P11	26.109881	92.971065
P12	26.110169	92.974796
P13	26.115826	92.976294
P14	26.114144	92.982632
P15	26.100584	92.976095
P16	26.108564	92.950256
P17	26.123752	92.923064
P18	26.122159	92.919595
P19	26.129439	92.91341

¶914

WP(C) No. 1616/2026; WP(C) No. 1633/2026; and WP(C) No. 1620/2026 are writ petitions relating to Jamuna Moudanga Reserved Forest.

¶915

DOYANG AND NAMBOR SOUTH RESERVED FOREST

¶916

The Doyang and Nambor South Reserved Forest are 2 (two) contiguous reserved forests situated in the erstwhile Sibsagar District (presently within Golaghat Forest Division) of the State of Assam. On account of the 2 (two) reserved forests adjoining each other and sharing natural boundary features along the Dhansiri

¶917

Page No.# 170/237

¶918

River and its tributary system, the Respondent Authorities have carried out a single joint survey and digitization exercise. Be that as it may, the constitution of each of the two reserved forests is dealt with herein under:

¶919

Doyang Reserved Forest

¶920

The Doyang Reserved Forest was constituted as a reserved forest by the Revenue Department vide Notification dated 31.07.1888 issued by the Chief Commissioner of Assam in exercise of powers conferred by Section 19 of the Indian Forest Act, 1878. The said Notification was published and declared lands in the Schedule annexed thereto to be reserved forest w.e.f. 19.04.1888. The said Notification specifically describes the boundary of the Doyang Reserved Forest.

¶921

Nambor Reserved Forest

¶922

Nambor South Reserved Forest was originally constituted vide Notification dated 17.10.1878 issued under Section 34 of the Indian Forest Act, 1878. The extent and boundaries of the Nambor Reserved Forest thereafter have been modified from time to time by a series of additions and partial de-reservations, each issued by the Chief Commissioner or the Governor of Assam in exercise of

¶923

Page No.# 171/237

¶924

the powers under the Regulation.

¶925

On 13.03.1896, under Section 17 of the Regulation, an area of 872.5/6 acres in Barpathar Mauza, Naga Hills was declared to be an addition to the Nambor Reserve w.e.f. 01.04.1896. Vide another Notification dated 06.04.1896 issued under Section 28 of the Regulation, an area of 8.26 Acres in Barpathar Mauza, Naga Hills District was declared to cease to be a reserved forest. Vide another Notification dated 01.11.1926 issued under Section 28 of the Regulation, a portion of the Nambor Reserve in Sibsagar District, Golaghat Subdivision, Barpathar Mauza, admeasuring 2,016 Acres were declared to cease to be reserved forest.

¶926

A joint field survey of the Doyang Reserved Forest and the Nambor South Reserved Forest was undertaken as a single contiguous exercise across the combined boundary system of the 2 (two) reserved forests for the reason that both the reserved forests are connected and share a natural boundary.

¶927

In the first phase, the team navigated to each of the identifiable corner points and pillars along the boundaries of the 2 (two) reserved forests, being the points identified from 1888, constituting Notification of the Doyang Reserved Forest, the 1878

¶928

Page No.# 172/237

¶929

original constituting Notification of the Nambor Reserved Forest, and the pillar schedules contained in the subsequent additions and de-reservation Notifications in respect to the Nambor Reserved Forest. On the basis thereof, by applying the methodology, the final map of the Doyang and Nambor South Reserved Forest were prepared and the boundary was put with a purple line. The occupations of the Petitioners in those lands within the boundary have been mentioned with yellow dots in another map for the convenience of this Court. The geo-coordinates of the Doyang Reserved Forest and Nambor South Reserved Forest are separately reproduced herein under:

¶930

Doyang	RF Boundary	Coordinates
Point ID	Latitude	Longitude
P01	26.370102	93.971503
P02	26.368184	94.033106
P03	26.406219	94.065659
P04	26.399365	94.087851
P05	26.382423	94.08404
P06	26.376027	94.091614
P07	26.385105	94.108163
P08	26.398538	94.097275
P09	26.403066	94.116248

¶931

Page No.# 173/237

¶932

P10	26.360902	94.130665
P11	26.346445	94.1777266
P12	26.335959	94.137784
P13	26.318359	94.121738
P14	26.283674	94.084263
P15	26.252596	94.052202
P16	26.207232	94.033368
P17	26.16771	94.001742
P18	26.242329	93.990539
P19	26.286729	93.980162
P20	26.336345	93.970303

¶933

Nambor South RF Boundary Coordinates

¶934

Point ID	Latitude	Longitude
P01	26.135791	93.85611
P02	26.146684	93.892101
P03	26.146163	93.947358
P04	26.087788	93.933249
P05	26.036178	93.905955
P06	25.906655	93.964793
P07	25.896554	93.944277
P08	25.882504	93.92417

¶935

Page No.# 174/237

¶936

P09	25.93528	93.863261
P10	25.983917	93.83879
P11	26.026127	93.80448
P12	26.110745	93.844574

¶937

WP(C) No. 1615/2026 is the writ petition relating to Doyang and Nambor South Reserved Forest.

¶938

BORPANI RESERVED FOREST

¶939

Borpani Reserved Forest was constituted as reserved forest vide Notification dated 20.06.1919 issued by the Chief Commissioner of Assam in exercise of the powers conferred by Section 17 of the Regulation and was published in the Assam Gazette on 25.06.1919.

¶940

The field survey was conducted by taking into account the boundary pillars mentioned in the 1919 Notification and the original sketch map using the coordinates extracted from the georeferenced base map. On the basis thereof, final map was prepared, which is delineated by a green line. The Petitioners in the present batch of writ petitions have been identified with blue dots, and the other encroachers in the Borpani Reserved Forest have been identified with green dots. The geo-coordinates of the

¶941

Page No.# 175/237

¶942

Borpani Reserved Forest are reproduced herein under:

¶943

Bo	rpani RF Boun	dary Coordinates
Point ID	Latitude	Longitude
P1	26.018107	92.5777870
P2	26.024930	92.591543
P3	26.023564	92.593941
P4	26.020127	92.592897
P5	26.017569	92.598872
P6	26.014940	92.604958
P7	26.028607	92.608228
P8	26.030569	92.614084
P9	26.036222	92.631253
P10	26.037833	92.637341
P11	26.034028	92.640283
P12	26.030235	92.640855
P13	26.027178	92.645729
P14	26.021525	92.645953
P15	26.014977	92.646832
P16	26.014718	92.652568
P17	26.005212	92.654021
P18	26.005216	92.646558
P19	26.003097	92.636976

¶944

Page No.# 176/237

¶945

P20	25.995221	92.632540
P21	25.989972	92.620394
P22	25.984113	92.611421
P23	25.982269	92.598311
P24	25.978182	92.578135
P25	25.999940	92.586066
P26	26.005545	92.578519
P27	26.007307	92.564985
P28	26.037237	92.599223

¶946

77. WP(C) No. 1691/2026 is the writ petition relating to Borpani Reserved Forest.

¶947

On the basis of the above delineated maps and the geocoordinates obtained, and having found that the Petitioners herein along with other encroachers are residing within the reserved forests, respective notices dated 21.02.2026 were issued to each of the Petitioners in the present batch of writ petitions. The Petitioners submitted their representations on various dates, as have been mentioned while narrating the facts hereinabove. Thereupon, the respective impugned Speaking Orders were passed

¶948

Page No.# 177/237

¶949

by considering the documents which have been submitted by the Petitioners, and also providing 15 (fifteen) days' time to the Petitioners to vacate their occupation on the lands falling within the reserved forests.

¶950

This Court has also taken note of that not only in the maps which are placed before this Court wherein the 4 (four) reserved forests have been delineated as per the geographical coordinates with boundary lines on the basis of geo-coordinates, the Respondent Authorities have also provided before this Court the location of the respective Petitioners within those reserved forests in the maps itself. In addition to that, the Respondents have also placed before this Court the respective occupation of the Petitioners with geo-coordinates to show that their occupation is within the reserved forests.

¶951

The above therefore shows that the Petitioners in the present batch of writ petitions are residing within the 4 (four) reserved forests. In addition to that, the procedural safeguards mentioned in the Additional Affidavit dated 18.01.2026 filed in the case of Abdul Khalek (supra) which were held by the Supreme Court to be sufficient, have been duly complied with. Under such circumstances, it is the opinion of this Court that the impugned

¶952

Page No.# 178/237

¶953

Speaking orders are in consonance with the directions passed by the Supreme Court in the case of Abdul Khalek (supra) insofar as the procedural safeguards are concerned.

¶954

The above, therefore, decides the first point for determination.

¶955

SECOND POINT FOR DETERMINATION

¶956

Having decided the first point for determination in the affirmative, the second point for determination arises as to whether the Petitioners have been able to show any documents/evidence which would entitle the Petitioners to occupy lands within the reserved forests.

¶957

At the outset, it is relevant to take note of that the Petitioners are neither Forest Dwelling Scheduled Tribes nor come within the ambit of "other traditional forest dwellers" as defined in Section 2(o) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (for short, “the Act of 2006”). This aspect was duly admitted during the course of the hearing and recorded in the orders dated 31.03.2026 and 07.04.2026. Apart from that, nothing is produced by the Petitioners to show that they have been vested with rights by any authority under the Act of 2006 to the effect that they fall within the

¶958

Page No.# 179/237

¶959

category of "other traditional forest dwellers". Further to the above, the Petitioners have failed to show that their names have been recorded in the Jamabandi maintained by the Forest Department of the Government of Assam.

¶960

In the backdrop, let this Court take note of the documents/evidence submitted by the Petitioners in the present batch of writ petitions before the Respondent Authorities and the pleas taken by the Petitioners. The pleas so taken can be segregated into three groups. They are:

¶961

(a) One set of Writ Petitioners claim right on the basis of certain public documents being issued to them and the area where they are occupying falling within the Notified Panchayats. The public documents referred by the Petitioners are Voter IDs, Aadhar Cards, Electoral Rolls, Ration Cards, Electricity connection, etc. In addition to that, the Petitioners have claimed rights on the basis of certain certificates issued by the concerned Panchayat Authorities. This set of Petitioners are hereinafter referred to as “the First Group”.

¶962

(b) The second set of Petitioners claim rights on the basis

¶963

Page No.# 180/237

¶964

of the Taungya system which was prevalent on the basis of the Rules for establishment and control of Forest Villages. It is relevant to mention that these Rules were notified on 06.12.1930 and made in exercise of power under Sections 72(e), 74 and 75 of the Regulation. The Petitioners in this group claim that they are either Taungyas or have derived titles from Taungyas who were issued allotments. The documents for derivative title are based upon the Agreement to Sale or Un-registered Sale Deeds. This group of the Petitioners is hereinafter referred to as “the Second Group”.

¶965

(c) The third group of Petitioners claim that the lands under their occupation are revenue lands inasmuch as the revenue authorities have issued Annual Patta or accepted Touzi Mouza (i.e. penalty for occupation of Government lands). This group, this Court would refer to as “the Third Group”.

¶966

For the purpose of deciding the rights and claims of each of the 3 (three) groups referred to herein above, this Court finds it pertinent to take note of the statutory provisions holding the field. It is relevant to observe that the Doyang and South Nambor

¶967

Page No.# 181/237

¶968

Reserved Forest were initially constituted under the Indian Forest Act, 1878 (for short, “the Act of 1878”) and subsequently various Notifications have been issued under the Regulation. Insofar as the other 3 (three) reserved forests, they were constituted under the provisions of the Regulation. Accordingly, this Court finds it relevant to take note of some of the provisions of both the Act of 1878 as well as the Regulation.

¶969

INDIAN FOREST ACT, 1878

¶970

The Act of 1878 was enacted empowering the local Government to constitute Reserved Forests. Chapter-II of the Act of 1878 comprises of various Sections i.e., Section 3 to Section 26.

¶971

Section 3 of the Act of 1878 empowered the local Government to constitute any forest-land or waste-land which is the property of the Government or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled, as a reserved forest in the manner stipulated in the subsequent provisions of the Act of 1878.

¶972

Sections 4 and 5 of the Act of 1878 are relevant and as such, the same are reproduced herein under:

¶973

Page No.# 182/237

¶974

“ 4. Notification by Local Government - Whenever it is proposed to constitute any land a reserved forest, the Local Government may publish. a notification in the local official Gazette-

¶975

(a) declaring that it is proposed to constitute such land a reserved forest;

¶976

(b) specifying the limits of such forest; and

¶977

(c) appointing an officer (hereinafter called "the Forest-Settlement-officer") to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits, or in or over any forest-produce, and to deal with the same as provided in this chapter.

¶978

Explanation 1.-For the purpose of clause (b) of this section, it shall be sufficient to describe the limits of the forest by roads, rivers, ridges or other well known or readily intelligible boundaries.

¶979

The officer appointed under clause (c) of this section shall ordinarily be a person not holding any forest-office except that of Forest-Settlement-officer.

¶980

Nothing in this section shall prevent the Local Government from appointing any number of officers not exceeding three, not more than one of whom shall be a person holding any forest-office except as aforesaid, to perform the duties of a Forest-Settlement officer under this Act.”

¶981

5. Bar of accrual of forest-rights- During the interval between the publication of such notification and the date fixed by the notification under section nineteen, no right shall be acquired in or over the land comprised in such notification, except by succession or under a grant or contract in writing made or entered into by or on

¶982

Page No.# 183/237

¶983

behalf of Government or some person in whom such right was vested when the former notification was issued; and no fresh clearings for cultivation or for any other purpose shall be made in such land.”

¶984

The above quoted Section 5 of the Act of 1878 would show that during the interval between the publication of such Notification under Section 4 and the date fixed by the Notification under Section 19, no right shall be acquired in or over the land comprised in such Notification, except by succession or under a grant or contract in writing made or entered into by or on behalf of the Government or some person in whom such right was vested when the Notification under Section 19 was issued. Further to that, fresh clearings for cultivation or for any other purpose were prohibited.

¶985

90. Now let this Court take note of Section 9 of the Act of 1878. The said Section is quoted herein below:

¶986

“ 9.Extinction of rights - Rights in respect of which no claim has been preferred under section six, and of the existence of which no knowledge has been acquired by enquiry under section seven, shall be extinguished, unless before the notification under section nineteen is published the person claiming them satisfies the Forest-Settlement-officer that he had sufficient cause for not preferring such claim within the period fixed under section six.”

¶987

A perusal of the above-quoted Section shows that once a

¶988

Page No.# 184/237

¶989

Notification is published under Section 19, any right or claim over the area notified shall stand extinguished.

¶990

Section 19 of the Act of 1878 is relevant inasmuch as the Doyang Reserved Forest was constituted in terms with the said provision. Section 19 of the Act of 1878 reads as under:

¶991

“ 19.Notification declaring forest reserved : When the following events have occurred (namely),-

¶992

(a) the period fixed under section six for preferring claims has elapsed, and all claims (if any) made within such period have been disposed of by the Forest-Settlement-officer; and

¶993

(b) if such claims have been made, and the period limited by section sixteen for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the appellate officer or Court; and

¶994

(c) all lands (if any) to be included in the prоposed forest, which the ForestSettlement-officer has, under section ten, elected to acquire under the Land Acquisition Act, 1870, have become vested in the Government under section sixteen of that Act,

¶995

the Local Government may publish a notification in the local official Gazette, specifying definitely, according to boundary-marks erected or otherwise, the limits of the forest which it is intended to reserve, and declaring the same to be reserved from a date fixed by such notification.

¶996

Page No.# 185/237

¶997

From the date so fixed, such forest shall be deemed to be a reserved forest.”

¶998

A perusal of the above quoted provision stipulates that once the Notification is published specifying definitely, according to boundary marks erected or otherwise, the limits of the forest which is intended to be reserved, shall be deemed to be a reserved forest.

¶999

Section 22 of the Act of 1878 bars acquisition of rights except provided. The said Section being relevant is reproduced herein under:

¶1000

“ 22. No right acquired over reserved forest, except as here provided -

¶1001

No right of any description shall be acquired in or over a reserved forest, except by succession or under a grant or contract in writing made by or on behalf of the Government or of some person in whom as here such right was vested when the notification under section nineteen was issued.”

¶1002

A perusal of the above quoted provision makes it very clear that no right of any description shall be acquired in or over a reserved forest except by succession or under a grant or contract in writing made by or on behalf of the Government or of some person in whom such right was vested when the Notification under Section 19 was issued.

¶1003

Page No.# 186/237

¶1004

Section 23 of the Act of 1878 further stipulates that a right vested in terms with Section 14(c) cannot be alienated by way of grant, sale, lease, mortgage, or otherwise without the sanction of the local Government.

¶1005

Section 34 of the Act of 1878 is relevant inasmuch as the South Nambor Reserved Forest was constituted under the said provision. The said provision is quoted herein below:

¶1006

“ 34 . Forests under conservancy administration when this Act come

¶1007

into force- Within twelve months from the date on which this Act comes into force in the territories administered by any Local Government, such Government shall, after consideration of the rights of the Government and private persons in all forest-lands or waste-lands then under its executive control for purposes of forest-conservancy, determine which of such lands (if any) can, according to justice, equity and good conscience, be classed as reserved forests or protected forests under this Act, and declare, by notification in the local official Gazette, any lands so classed to be reserved or protected forests, as the case may be:

¶1008

Provided that such declaration shall not affect any rights of the Government or private persons to or over any land or forest-produce in any such forest, which have, previous to the date of such declaration, been enquired into, settled and recorded in a manner which the Local Government thinks sufficient:

¶1009

Provided also that if any such rights have not on such date been so enquired into, settled and recorded, the Local Government shall direct that the same shall be enquired into, settled and recorded in the manner provided by this Act

¶1010

Page No.# 187/237

¶1011

for reserved or protected forests, as the case may be; and until such enquiry, settlement and record have been com- pleted, no such declaration shall abridge or affect such rights.”

¶1012

A perusal of the above quoted provision would show that the said provision empowered the local Government to declare vide Notification in the local Official Gazette any land so classed to be reserved or protected forest, as the case may be.

¶1013

ASSAM FOREST REGULATION, 1891

¶1014

Let this Court now take into consideration the relevant provisions of the Regulation. Chapter-II of the Regulation is with the heading “ ReservedForest ”. Section 4 to Section 28 of the Regulation is contained in the same Chapter.

¶1015

Section 4 of the Regulation empowers the State Government (the Provincial Government then) to constitute any land at the disposal of the Government, as a reserved forest. Section 5 of the Regulation provides for issuance of Notification informing all concerned the proposal of the Government to constitute a Reserved Forest.

¶1016

Section 6 of the Regulation stipulates that once the Notification is issued under Section 5 of the Regulation, the Forest

¶1017

Page No.# 188/237

¶1018

Settlement Officer shall issue a proclamation in the language of the country of the contents of the Notification issued under Section 5 of the Regulation. Section 7 of the Regulation specifically bars accrual of rights over the area which is mentioned in the proclamation from the date of the proclamation to the date of the Notification issued under Section 17 of the Regulation. Section 7 being relevant is reproduced herein below:

¶1019

“ 7.Bar of accrual of forest rights after proclamation-

¶1020

(1) During the interval between the publication of such proclamation and t he date fixed by the notification declaring the Forest to be reserved as hereinafter provided, no right shall be acquired in or over the land comprised in such notification except by succession or under a grant or contract in writing made or entered in to, by or on behalf of, the Government or some person in whom such right or power to create such right was vested when the proclamation was published; and on such land no new house shall be built or plantation formed, no fresh clearing for cultivation or for any other purpose of trade or manufacture expect as hereinafter provided.

¶1021

(2) Nothing in this section shall be deemed prohibit any act done with the permission in writing of the Forest Settlement Officer, or any clearing lawfully made for jhum cultivation by persons; in the habit of practicing; such cultivation on such land.”

¶1022

It is notable that there exists a stark difference between

¶1023

Page No.# 189/237

¶1024

Section 5 of the Act of 1878 and Section 7 of the Regulation inasmuch as in terms with Section 7 of the Regulation, things done with the permission of the Forest Settlement Officer or any clearings lawfully made for jhum cultivation by persons in the habit of practicing such cultivation on such land is not barred. This aspect is relevant taking into consideration the submissions made by the learned Additional Advocate General as regards the concept of Taungyas. Apart from that, it is also notable to take note of Section 10(4) of the Regulation which categorically stipulates that practice of jhum cultivation is a privilege and not a right and is subject to control, restriction and abolition by the State Government.

¶1025

Section 17 of the Regulation stipulates about the Notification to be issued, after carrying out the exercise as required under Sections 8 to 14 of the Regulation. It is also seen that upon issuance of the Notification under Section 17 of the Regulation, such forest shall be deemed to be a reserved forest. Section 17 being relevant is reproduced herein under:

¶1026

“ 17. Notification declaring Forest reserve.

¶1027

(1) When the following events have occurred, namely:

¶1028

Page No.# 190/237

¶1029

(a) the period fixed under Section 6 for preferring claims has elapsed and all claims, if any made within such period has been disposed of by the Forest Settlement Officer; and

¶1030

(b) if such claims have been made, the period fixed by Section 15 for appealing from the order passed on such claims has elapsed, and all appeals, if any, presented within such period have been disposed of by the appellate Officer; and

¶1031

(c) all lands, if any, to be included in the proposed reserved forest which the Forest Settlement Officer has under Section 11, elected to acquire under the Land Acquisition Act, 1870, have become vested in the Government under Land Acquisition act, 1870, have become vested in the Government under Land Acquisition Act, 1870 (X of 1870);

¶1032

the State Government may publish a notification in the official Gazette, specifying the limits of the forest which it is intended to reserve, and declaring the same to be reserved from a date fixed by such notification.

¶1033

(2) From the date so fixed such forest shall be deemed to be reserved Forest.”

¶1034

Section 18 of the Regulation clearly stipulates what rights shall extinguish upon publication of the Notification under Section 17 of the Regulation. Section 18 of the Regulation is reproduced herein under:

¶1035

“ 18. Extinction of right not claimed .

¶1036

Right in respect of which no claim has been preferred under Section 6 and

¶1037

Page No.# 191/237

¶1038

of the existence of which no knowledge has been acquired by inquiry under S. 8 shall thereupon extinguish, unless before the publication of such notification, the person claiming them has satisfied the Forest Settlement Officer that has had sufficient cause for not preferring such claim within the period fixed under Section 6.”

¶1039

Sections 21 and 22 of the Regulation are of vital importance for the purpose of the present proceedings inasmuch as Section 21 of the Regulation categorically mentions about the bar to acquisition of any rights. Section 22 of the Regulation bars any rights saved under Sections 12 and 13 of the Regulation from being alienated without the previous sanction of the State Government. Section 21 and 22 of the Regulation being relevant are reproduced herein below:

¶1040

“ 21. Acquisition of right over reserved Forests .

¶1041

No right of any description shall be acquired in or over a reserved forest, except by succession or under grant or contract in writing made by, or with the previous sanction of the State Government or some person on whom such right, or the power to create such right, vested when the notification under Section 17 was published.

¶1042

22. Alienation of right in reserved forests.

¶1043

(1) Notwithstanding anything herein contained no right contained under Section 13 shall be alienated by way of grant, sale, lease, and

¶1044

Page No.# 192/237

¶1045

mortgage or otherwise without the previous sanction of the State Government:

¶1046

Provided that, when any such right is continued for the beneficial enjoyment of any land or building, it may be sold or otherwise alienated with such sanction.

¶1047

(2) The benefit of any right continued under Section 13 shall not be leased, sold or bartered, except to the extent by the order record under that section.”

¶1048

Section 24 of the Regulation imposes penalty for trespass or damage to the reserved forest.

¶1049

Section 25 of the Regulation prohibits certain acts in reserved forest, and imposes punishment with imprisonment for a term which shall not be less than 1 year and may extend to 3 years or with fine which may extend to Rs. 5,000/-, or with both. The said Section prohibits clearing or breaking up of land for cultivation or any other purpose.

¶1050

Section 26 of the Regulation, however, provides an exception to Section 24 and Section 25 in respect to practice of jhum cultivation permitted under Section 10; the exercise of rights in accordance with the Rules, if any, made by the State Government under Section 13 of any right continued under the Section; the

¶1051

Page No.# 193/237

¶1052

exercise of any right created by grant or contract in the manner described in Section 21 or any act done with the permission in writing of the forest officials specifically empowered to grant such permission. Section 26 of the Regulation is reproduced herein under:

¶1053

“ 26.Acts excepted from Sections. 24 and 25 .

¶1054

Nothing in Section 24 or Section 25 shall be deemed to prohibit –

¶1055

(a) any practices of jhum cultivation permitted under Secttion 10, or

¶1056

(b) the exercise in accordance with the rules, if any made by the State Government under Section 13 of any right; continued under that section, or

¶1057

(c) the exercise of any right created by grant or contract in manner described in Section 21, or

¶1058

(d) any act done with the permission in writing of Forest official specially empowered to grant such permission.”

¶1059

The analysis of the above provisions of Chapter-II of the Regulation makes it clear that no right can be conferred or exercised in Reserved Forest, unless the rights existing prior to the Notification issued under Section 17 of the Regulation were saved under Sections 12 and 13 of the Regulation. In addition to that, no

¶1060

Page No.# 194/237

¶1061

right of any description can be acquired in or over a reserved forest in terms with Section 21 of the Regulation except by succession or under grant or contract in writing made by, or with the previous sanction of the State Government. The exceptions contained in Section 26 of the Regulation are only for the purpose of avoiding the penal consequences mentioned in Sections 24 and 25 of the Regulation. Under such circumstances, it is the opinion of this Court that there can be no rights to occupy and possess lands within the Reserved Forest except as provided and saved under Sections 12 and 13 and permitted in terms with Section 21 of the Regulation.

¶1062

Chapter-III of the Regulation is in respect to “Village Forests”. Section 29 of the Regulation is relevant and the same is reproduced herein under:

¶1063

“ 29. Constitution of village forests .

¶1064

(1) The State Government may, by notification in the official gazette, constitute any land at the disposal of the Government a village forest for the benefit of any village community or group of village forest for the benefit of any village community or group of village communities and may, in like manner, vary or cancel any such notification.

¶1065

(2) Every such notification shall specify the limits of such village forest.”

¶1066

Page No.# 195/237

¶1067

A perusal of the above quoted Section would show that the State Government, may by Notification in the Official Gazette constitute any land at the disposal of the Government, a village forest for benefit of any village community or group of village forests for the benefit of any village community or a group of village communities, and may in like manner vary or cancel any such Notification. It is also the requirement of law that such Notification shall specify the limits of such village forests. It is relevant to observe that neither the Petitioners nor the State Authorities placed before this Court any Notification issued by the State Government constituting a village forest under Section 29 of the Regulation. It is also of importance to note that a perusal of Section 29 of the Regulation mentions about constitution of Village Forest in lands at the disposal of the Government but do not specify that such village Forests can be within the Reserved Forests. This aspect is of importance in view of Section 2 of the Forest (Conservation) Act, 1980 to which this Court would deal at a subsequent stage of the present judgment.

¶1068

Section 30 of the Regulation empowers the State Government to make Rules for Village Forests. The said Section, also being relevant, is reproduced herein under:

¶1069

Page No.# 196/237

¶1070

“ 30. Powers to make rules for village forests.

¶1071

(1) The State Government may make rules for regulating the management of village forest prescribing the condition under which the community or group of communities for the benefit of which any such forest is constituted may be provided with forest produce or with pasture, and their duties in respect of the protection and improvement of such forest.

¶1072

(2) The State Government may, by such rules, declare any or the provisions of Chapter II of this Regulation to be applicable to village forests.”

¶1073

Section 31 of the Regulation is very relevant, and the same is reproduced herein under:

¶1074

“ 31. Inquiry into and settlement of rights .

¶1075

All claims to any rights other than the rights of village community or group of village communities for the benefit of which such village Forest is constituted shall be inquired in to recorded and provided for in the manner prescribed by Chapter II of this Regulation.”

¶1076

A perusal of the above Section would show that all claims to any rights other than the right of village community or group of village communities for the benefit of which such village forest is constituted shall be enquired into, recorded and provided for in the manner prescribed by Chapter-II of the Regulation.

¶1077

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¶1078

The analysis of the various provisions of the Act of 1878 and the Regulation insofar as it relates to Reserved Forests, it is abundantly clear that no right of any description could be acquired or created unless saved under Sections 12 and 13 and permitted under Section 21 of the Regulation. Likewise rights must be saved and permitted under Section 18 of the Act of 1878, to occupy and possess the lands within the Reserved Forests. At the cost of repetition, acts permitted under Section 26 of the Regulation cannot be said to confer rights to occupy and possess lands within the reserved forest. The acts permitted under Section 26 of the Regulation are only culled out exception to the penalty to be imposed otherwise in terms with Sections 24 and 25 of the Regulation.

¶1079

Under such circumstances, Voter IDs, Electoral Rolls, Aadhaar Cards, Electricity Connections, Ration Cards, etc. as well as Certificates issued by the Panchayat Authorities though may show that the Petitioners are residents of the lands under their occupation but under no circumstancescan be a claim of any right to remain in possession of lands within the reserved forests.

¶1080

At this stage, this Court also finds it relevant to take note of another stand taken by the Petitioners that the lands under their

¶1081

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¶1082

occupation are lands falling within panchayats and as such, it cannot be said that the lands are within the reserved forest. The said contention of the Petitioners is totally misconceived. In this regard, it is relevant to observe that Forest Dwelling Scheduled Tribes and Other Traditional Forest Dwellers have all along been residents within the forests since time immemorial. Though the Forest (Conservation) Act, 1980 was enacted with a purpose to conserve forests, but forests cannot be conserved by a handful of forest employees alone without the active participation of the real stakeholders i.e., the Forest Dwelling Scheduled Tribes or the Other Traditional Forest Dwellers. It may be relevant also to mention that these Forest Dwelling Scheduled Tribes or the Other Traditional Forest Dwellers protect the forests as forest is their sole source of sustenance.

¶1083

The amendments carried out by the 73^rd Constitutional Amendment Act, 1992, established the third tier of governance in India by institutionalizing local Self-Government. The said amendment to the Constitution empowered Rural Panchayat Raj Institutions.

¶1084

The States on the basis of insertion of Part IX to the Constitution, i.e., Article 243 to Article 243O and the Eleventh

¶1085

Page No.# 199/237

¶1086

Schedule to the Constitution, enacted respective Legislations and in the State of Assam the Assam Panchayat Act, 1994. It is of importance to take note of the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996 whereby the Panchayat Raj Institutions were extended to the areas coming within the ambit of the Fifth Schedule to the Constitution which are predominately areas under the Tribal population.

¶1087

Therefore, in order that the Forest Dwelling Scheduled Tribes as well as Other Traditional Forest Dwellers can also be a part of local Self-Governance, the Notification dated 15.10.2024 was issued extending the Assam Panchayat Act, 1994 to these areas also. This Notification was issued in exercise of powers conferred under Section 5 of the Assam Panchayat Act, 1994. By this Notification, lands falling within the reserved forests cannot be dereserved or there can be any change to the character and status of the Reserved Forests in question. The reason being that Section 2 of the Forest (Conservation) Act, 1980 prohibits, except with the prior approval of the Central Government, the de-reservation of any reserved forest or any part thereof, pursuant to any law made by the State. Therefore, the said Notification has no relevance to the present batch of writ petitions as no claim can be made based on the said Notification.

¶1088

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¶1089

The issuance of any Notification under Section 5 of the Assam Panchayat Act, 1994 therefore would not aid the Petitioners to claim that the lands under their occupation are outside the reserved forests.

¶1090

The above analysis would be sufficient in the opinion of this Court to conclude that the Petitioners in the first group have not been able to place any material/evidence to show that they had any right or authority to occupy lands within the Reserved Forest in question.

¶1091

Let this Court now analyze the claim of the second group of Writ Petitioners who claim rights based on the Taungya system or derivative rights from the Taungya settlement holders.

¶1092

The learned Additional Advocate General had submitted that the Taungya system is understood in the Forest Department as a system of plantation introduced during the British era for jhumming communities and local inhabitants who traditionally practiced slashand-burn agriculture.

¶1093

This Court for the purpose of understanding the claim of rights under the Taungya system finds it relevant to again relate back to the provisions of the Regulation. The Regulation insofar as

¶1094

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¶1095

the Reserved Forest is concerned categorically mentions what rights a person acquired upon a Notification issued constituting a reserved forest. Chapter-II of the Regulation only saves those rights as stipulated in Sections 12 and 13 of the Regulation and permitted rights as mentioned in Section 21 of the Regulation. These rights also cannot be alienated except with the previous sanction of the State Government as is the stipulation of Section 22.

¶1096

This Court further finds it relevant to take note of Sections 10 and 26 of the Regulation. The above provisions clearly show that there is no conferment of any right to occupy and reside over the reserved forest. Section 10 of the Regulation only permits jhumming cultivation as a privilege and not a right. Section 26 of the Regulation as already stated above only stipulates that the acts mentioned therein would not be an offence coming within the ambit of Section 24 and Section 25 of the Regulation. It is the opinion of this Court that a provision providing an exception to an offence, cannot be said to confer a right.

¶1097

The above analysis would therefore show that no right within the reserved forest can be created without the previous sanction of the State Government since a grant or contract in writing by any

¶1098

Page No.# 202/237

¶1099

authority without the sanction of the State Government would be nonest in the eyes of law.

¶1100

Let this Court now analyze the rights conferred under the Taungya system. The word “Taungya” is of Burmese origin. It means cultivation in the hills. “Taung” means hill and “Ya” means cultivation. The Taungya system is an agro forestry arrangement during the British era. The system allowed landless or poor cultivators to grow crops on forest lands during the early years of plantation establishment, in exchange for tending young forest trees planted alongside. Once the tree canopy closes (usually 3-5 years), these cultivators move to a new plot of land within the forest and the cycle repeats. There is no right of ownership or even tenancy created by way of the Taungya system. It permits temporary settlement for the purpose of carrying out the activities as permitted and thereupon they are asked to proceed to new plots of lands. Not adhering to such directions empowers the forest officials to evict these Taungya settlers.

¶1101

At this stage, if this Court takes note of the Statements and Objects of the Act of 2006, it would also show that no rights at any point of time were created on the forest lands since first steps were taken by the British to regulate forest in India i.e., the Indian

¶1102

Page No.# 203/237

¶1103

Forest Act, 1865. A further perusal of the Statements and Objects of the said Act of 2006 would show that for the first time, the Legislature recognized the historical injustice done to the Forest Dwelling Scheduled Tribes and Other Traditional Forest Dwellers for not conferring any rights upon the forests which was the basis of their sustenance. It was only by the Act of 2006 that rights were conferred for the first time upon the Forest Dwelling Scheduled Tribes and Other Traditional Forest Dwellers by Section 4 of the said Act of 2006. It is the opinion of this Court that unless and until the Petitioners come within the ambit of Other Traditional Forest Dwellers, no rights of the Petitioners can be recognized over the lands under their occupation in the reserved forest.

¶1104

In the previous segments of the instant judgement, this Court duly observed that the Petitioners do not come within the purview of the Act of 2006 and as such merely claiming rights under the Taungya system would not confer any right to reside within the reserved forest.

¶1105

Before proceeding to the next group, this Court finds it relevant to clarify that a person claiming rights under a Taungya system and if able to prove that the person would come within the ambit of Forest Dwelling Scheduled Tribes or Other Traditional Forest

¶1106

Page No.# 204/237

¶1107

Dwellers would have rights under Section 4 of the Act of 2006. Further to that, if their names are recorded in the Jamabandi maintained by the Forest Department they shall have rights, however subject to Section 2 of the Act of 1980.

¶1108

The third group claims rights on the basis of Annual Patta being issued and further payment of land revenue to the revenue authorities of the State. It is therefore the claim of this set of Writ Petitioners that they are in occupation of revenue lands and not of reserved forests.

¶1109

This Court while deciding the first point for determination, dealt with the way the four reserved forests in question were surveyed and the boundaries digitized. This Court also took note of the methodology employed by the Respondent Authorities. Nothing could be placed by the Petitioners to show that there was any deficiency in the methodology employed. The learned counsels for the Petitioners though made submissions that while employing the methodology, the Respondents have not consulted with the original map made at the time of constitution of the reserved forest, but the said submission do not appear to be sound, rather an attempt to buy time. This Court opines so as it is apparent from the records that the Respondent Authorities in the Forest Department along

¶1110

Page No.# 205/237

¶1111

with the members of the Committee constituted vide Notification dated 17.02.2026 had carried out the verification. This verification was carried out by not only taking into consideration the various boundaries specifically described in the Notifications but also taking into account the original map.

¶1112

In that view of the matter, the geo-coordinates of the boundaries of the four reserved forests which have been quoted while deciding the first point for determination are construed as the geo-coordinates of the four reserved forests which are the subject reserved forests of the present proceedings.

¶1113

In the backdrop of the above, let this Court take note of whether the Revenue Authorities can confer any right over the land, if inside a Reserved Forest or for that matter payment of land revenue by the Petitioners would confer any right to the Revenue Authorities or even to the Petitioners in respect to land falling within a reserved forest. The answer to the same is available at Section 4 of the Assam Land and Revenue Regulation, 1886 which is reproduced herein under:

¶1114

“ 4 . This Chapter shall apply to all and except the following:—

¶1115

(a) Land included in any forest constituted a reserved forest under the law for

¶1116

Page No.# 206/237

¶1117

the time being in force:

¶1118

(b) Any land which the State Government may, by notification exempt from the operation of this Chapter.”

¶1119

From the above, it would show that the Revenue Authorities have no authority to confer right over lands falling within the reserved forests. The logical analogy therefore would also be that payment received by the Revenue Authorities over the land within the reserved forest would not confer any right to the Revenue Authorities to claim the land as revenue land and similarly no right can be claimed by the Petitioners having paid the land revenue upon land falling within reserved forests.

¶1120

Under such circumstances, it is the opinion of this Court that if the land under the occupation of the Petitioners falls within the geo-coordinates of the reserved forests, the Petitioners have no rights over such lands to remain in occupation.

¶1121

It is therefore the opinion of this Court that the Petitioners in the present batch of writ petitions have not been able to make out a case to justify their occupation of lands within the reserved forests. Accordingly, it is therefore the opinion of this Court that the impugned Speaking Orders qua each of the Petitioners were

¶1122

Page No.# 207/237

¶1123

passed by taking into consideration relevant factors and as such do not call for any interference.

¶1124

The above, therefore, decides the second point for determination.

¶1125

THIRD POINT FOR DETERMINATION

¶1126

This Court in the foregoing paragraphs of the instant judgment had arrived at an opinion that the procedural formalities as per the mandate of Abdul Khalek (supra) have been duly complied with by the Respondent Authorities. This Court also held that the impugned Speaking Orders which have been assailed in the present batch of writ petitions do not call for any interference on the ground that the Petitioners herein have not been able to substantiate any right to reside over the land falling within the 4 (four) reserved forests which are the subject reserved forests.

¶1127

The third point for determination, however, raises a tricky question relating to problems to be faced by the Petitioners, if they are evicted after residing within the reserved forests for years and decades and on the other hand the essential requirement for conservation of forests.

¶1128

Page No.# 208/237

¶1129

The learned counsels appearing on behalf of the Petitioners have strenuously argued with compassion as regards the plight of the Petitioners who after residing in the lands under their occupation, by constructing dwelling houses would be rendered homeless. Submissions were made that these Petitioners belong to the vulnerable section of society. In that regard, references were made to various communications issued by the State Government as well as the Union of India as regards rehabilitation to those persons who have been residing in the reserved forest prior to 1980. In that regard, specific reference was also made to Clause 4.3.1.1 of the Assam Forest Policy, 2004. The learned counsels appearing on behalf of the State, however, submitted that conservation of forests is of paramount importance and the Petitioners do not deserve any sympathy as the Petitioners apart from being trespassers to reserved forest lands also knew their fate when they trespassed into the reserved forest lands.

¶1130

For deciding the aforesaid issue so raised, this Court finds it very relevant to take note of the settled principles which should guide this Court while interpreting laws relating to forests.The considerations are as follows:

¶1131

(A) Article 48A, which forms a part of Part-IV of the Constitution of

¶1132

Page No.# 209/237

¶1133

India containing the Directive Principles of State Policy, imposes an obligation upon the State to protect and improve the environment and to safeguard the forests.

¶1134

(B) Clause (g) of Article 51A of the Constitution of India, imposes a fundamental duty upon every citizen to protect and preserve the natural environment, including forests, rivers, lakes, and wild life, etc.

¶1135

(C) Article 21 of the Constitution, which confers a fundamental right on the individuals to live in pollution-free environment. Forests are, in a sense, lungs which generate oxygen for the survival of human beings. Our forests play a very important role in our ecosystem to prevent pollution. The presence of the forests are necessary for enabling the citizens to enjoy their right to life in a pollution-free environment, which is a facet of Article 21 of the Constitution.

¶1136

(D) Article 14 of the Constitution provides the Right to Equality. Forest plays a pivotal role in controlling the pollution which significantly affects the underprivileged on account of depletion of forests. His Lordship M.M. Sundresh, J. in the case of Stateof Telangana Vs. Mohd. Abdul Qasim (Died) per Legal Representatives reported in (2024) 6 SCC 461 have spellbindingly explained the

¶1137

Page No.# 210/237

¶1138

inter play between Article 14 and Article 21 of the Constitution in relation to protection of forests. Paragraph Nos. 44, 45, 46 and 47 being relevant are reproduced herein below:

¶1139

“ 44. The word “environment” shall not be understood from a narrow perspective. Albert Einstein once observed “environment is everything that is not me”. In our considered view, the environment would include both animate and inanimate. One cannot segregate these two segments, which are broadly differentiated only for the ease of human understanding.

¶1140

Why we need forests?

¶1141

“Man is the most insane species. He worships an invisible God and destroys a visible Nature, unaware that this Nature he's destroying is this God he's worshiping.”

¶1142

Hubert Reeves

¶1143

Canadian Astrophysicist

¶1144

45. Human beings indulge themselves in selective amnesia when it comes to fathom the significance of forests. It is the forests which give life to the Earth by replacing carbon dioxide with oxygen, thereby providing a hospitable environment for the steady growth of diverse life forms. It is the spirit of the forest that moves the Earth. History shall not be understood from the jaundiced eyes of humans but through the prism of the environment, the forest in particular.

¶1145

46. Forests not only provide for and facilitate the sustenance of life, but they also continue to protect and foster it. They continue to tackle the ever-increasing carbon dioxide emissions produced by humans in the name of development, while striving to sustain all species. Despite the unblemished, selfless and motherly service rendered by forests, man in his folly continues with their destruction, unmindful of the fact that he is inadvertently destroying himself.

¶1146

47. Consequent to the advent of agriculture, man has destroyed a significant

¶1147

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¶1148

portion of forests at his own peril. Forests serve the Earth in a myriad of ways ranging from regulating carbon emissions, aiding in soil conservation and regulating the water cycle. Water being a life source, its availability for all life forms is heavily dependent upon the aquifers created by forests. Forests also play a pivotal role in controlling pollution, which significantly affects the underprivileged, violating their right to equality under Article 14 of the Constitution of India. It is the vulnerable sections of the society who would be most affected by the depletion of forests, considering the fact that the more affluent sections of society have better access to resources as compared to them. Therefore, the protection of forests is in the interest of mankind, even assuming that the other factors can be ignored.”

¶1149

(E) Public trust doctrine is a part of our jurisprudence. Under the said doctrine, the State is a trustee of the natural resources such as seashore, running waters, forests, etc. The public at large is the beneficiary of these natural resources. The State being a trustee of the natural resources is under a legal duty to protect these natural resources. The public trust doctrine is a tool for exerting longestablished public rights over short-term public rights and private gains.

¶1150

(F) Another principle of importance is the precautionary principle, which has been accepted as a part of the law of our country. A conjoint reading of Articles 21, 48A, and 51 A(g) of the Constitution would show that the State is under a mandate to protect and improve the environment and safeguard the forests.

¶1151

Page No.# 212/237

¶1152

The precautionary principle requires the Government to anticipate, prevent, and remedy or eradicate the causes of environmental degradation, including acting sternly against the violators.

¶1153

(G) The principles of sustainable development are another facet which is required while interpreting and applying the law relating to environment. In the case of Rajeev Suri Vs. Delhi Development Authority reported in (2022) 11 SCC 1, the Supreme Court explained the expression “sustainable development” as a development to be sustainable, with ideas of preservation of natural environment for present and future generations. It stipulates controlled development. The primary requirement underlying this principle is to ensure that every development work is sustainable and this requirement of sustainability demands that the first attempt of every agency enforcing environmental Rule of law in the country ought to be, to alleviate environmental concerns by proper mitigating measures. The Supreme Court observed that while one is entitled to a developed society, they are equally entitled to an environmentally secure society.

¶1154

(H) The concept of environmental Rule of law is another facet which is required to be taken note of. In the case of Citizens for Green Doon& Others Vs. Union of India & Others reported in

¶1155

Page No.# 213/237

¶1156

(2023) 17 SCC 711 , the Supreme Court dealt with this concept and observed that the principles of sustainable development may create differing and arbitrary metrics depending on the nature of individual projects. The Supreme Court advocated and accepted the need to apply and adopt the standard of environmental Rule of law. The Supreme Court observed in the said judgment that environmental Rule of law integrates the critical environmental needs with the essential elements of Rule of law and provides the basis for reforming environmental governance. It prioritizes environmental sustainability by connecting it with fundamental rights and obligations. It implicitly reflects universal moral values and ethical norms of behavior, and it provides a foundation for environmental rights and obligations. The Supreme Court observed in clear and categorical terms that without the environmental Rule of law and the enforcement of legal rights and obligations, environmental governance may be arbitrary, i.e., discretionary, subjective, and unpredictable.

¶1157

The above considerations, in the opinion of this Court tilt the balance in favour of the environment vis-à-vis, the private rights of the Petitioners.

¶1158

At this stage, this Court finds it relevant to take note of the

¶1159

Page No.# 214/237

¶1160

interplay between the Regulation and the Forest (Conservation) Act, 1980 inasmuch as the said aspect would throw light on the permissibility in allowing the Petitioners to reside inside the reserved forests.

¶1161

A combined reading of the aforesaid two statutory enactments would show that the concept of forest in the Regulation is different from the concept of forest under the Act of 1980. An analysis of the provisions of both the enactments would show that their spheres of operations are not the same, though there may be some overlap. The Regulation deals with Reserved Forests (Chapter-II), Village Forests, (Chapter -III) and Protected Forests (Chapter-IV). Chapter-IVA of the Regulation contains provisions which apply to forests which are not vested in the State Government. The forests referred to in Chapters III and IV of the Regulation are categories of forests on lands vested in the State.

¶1162

A perusal of Chapter-II of the Regulation would show that there is an elaborate procedure for declaring any land vested in the State Government as a reserved forest. Only upon following the procedure laid down in Chapter-II of the Regulation, the land vests in the State Government, which can be declared as a reserved forest. It would also be seen from a perusal of Section 17 of the

¶1163

Page No.# 215/237

¶1164

Regulation that once a Notification has been issued in the Official Gazette declaring a particular land as a reserved forest, prohibitions contained in Sections 24 and 25 of the Regulation would apply. A perusal of Section 21 of the Regulation would show that there is a bar of acquisition of any right in or over a reserved forest except by succession or under grant or contract in writing made by or with the previous sanction of the State Government or some persons on whom such right or power to create such right vested when the Notification under Section 17 of the Regulation was published. Section 22 of the Regulation further bars any alienation without the previous sanction of the State Government.

¶1165

Chapter-III of the Regulation shows that the State Government is empowered under Section 29 of the Regulation to constitute any land at the disposal of the Government as a village forest for the benefit of any village community or group of village communities. It is of relevance to mention that Section 29 of the Regulation do not state that a reserved forest can be notified as a village forest.

¶1166

In the backdrop of the above, let this Court now deal with the Act of 1980. The said Act of 1980 is a complementary enactment dealing with matters concerning conservation of forests. A perusal

¶1167

Page No.# 216/237

¶1168

of the Statements of Objects and Reasons of the Act of 1980 would show that deforestation was causing ecological imbalance and leading to environmental deterioration. The Statements of Objects and Reasons acknowledge widespread concern due to deforestation taking place on a large scale in the country.

¶1169

In the case of Narinder Singh & Others Vs. Divesh Bhutani & Others reported in (2023) 17 SCC 779, the Supreme Court dealt with the reasons for enactment of the Act of 1980 and also explained the scope of Section 2 of the Act of 1980. Paragraph Nos. 39, 41, 42, 43 & 44 being relevant are reproduced herein under:

¶1170

“ 39. It must be borne in mind that the 1927 Forest Act is a pre-Constitution legislation. The said legislation is confined to only three categories of forests. The 1980 Forest Act has not repealed the 1927 Forest Act. In a sense, the 1980 Forest Act supplements the provisions of the 1927 Forest Act. During the last four decades, there has been a realisation of the adverse impact of deforestation on the environment. The depletion of the green cover was one of the consequences of deforestation. Cutting down forests led to environmental degradation. Since the forests absorb carbon dioxide, its destruction considerably affects the ability of the nature to keep emissions out of the atmosphere. This is one of the causes of global warming. The law relating to the environment gradually evolved during the last three decades in the light of the constitutional provisions and ever-increasing awareness and growing concern about environmental degradation. Perhaps, to prevent largescale deforestation, the legislature thought it fit to come out with another

¶1171

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¶1172

legislation for protecting the forests.

¶1173

41. Section 2 overrides all the laws applicable to a particular State which will include not only the laws of that particular State but also the relevant Central laws applicable to that particular State. Clause (i) of Section 2 applies to a reserved forest within the meaning of any law for the time being in force in that State. Clauses (ii), (iii) and (iv) of Section 2 apply to "any forest land". As clause (i) specifically refers to a reserved forest within the meaning of any law in force, it is obvious that clauses (ii), (iii) and (iv) apply to any other forest, whether or not recognised or declared as such under any law in force in that State. Hence, clauses (ii), (iii) and (iv) of Section 2 apply to any forest land which may not be necessarily a reserved forest or a protected forest or a private forest governed by Chapter V under the 1927 Forest Act. Restrictions imposed by Section 2 [except clause (i) thereof] apply to every forest land in respect of which no declarations have been made either under the 1927 Forest Act or any other law relating to the forests in force in that State.

¶1174

42. Before we deal with the concept of a forest under the 1980 Forest Act, we must note here that this enactment does not provide for an absolute prohibition on the use of any forest land or a part thereof for any non-forest purposes. The State Government or any other authority can always permit the use of any forest land or any portion thereof for non-forest purposes only with the prior approval of the Central Government. In a sense, this enactment provides for permissive use of forest land for non-forest activities with the prior approval of the Central Government. Therefore, the owner of a private land which is a forest within the meaning of Section 2 can convert its use for nonforest purposes only after obtaining requisite permission of the State Government or competent authority concerned. However, the State

¶1175

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¶1176

Government or the competent authority, as the case may be, cannot permit such use for non-forest activities without obtaining prior approval from the Central Government. This provision has been made to check further depletion of already depleted green cover and to ensure that only such non-forest activities are permitted by the Central Government which will not cause ecological imbalance leading to environmental degradation. Considering the scheme of the 1980 Forest Act, the title-holder of a private land which is a forest within the meaning of Section 2 is not divested of his right, title or interest in the land. But there is an embargo on using his forest land for any non-forest activity.

¶1177

43.The object of the embargo on permitting non-forest use of forest land without prior permission of the Central Government is not to completely prevent the conduct of non-forest activities. This provision enables the Central Government to regulate non-forest use of forest lands. While exercising the power to approve non-forest use, the Central Government is under a mandate to keep in mind the principles of sustainable development as evolved by this Court including in its decision in Rajeev Suri. The embargo imposed by Section 2 ensures that the development and use of a forest land for non-forest use is governed by the principle of sustainable development. In a sense, Section 2 promotes the development work on forest land only to the extent it can be sustained while alleviating environmental concerns. The power given to the Central Government under Section 2 must be exercised by adopting scientific and consistent yardsticks for applying the principles of sustainable development .

¶1178

44. Now, coming to the meaning of "forest" or "any forest land" covered by Section 2, this Court in 1997 Godavarmancasehas explained the legal position. Paras 3 and 4 of the said decision read thus: (SCC pp. 269-70)

¶1179

Page No.# 219/237

¶1180

"3. It has emerged at the hearing, that there is a misconception in certain quarters about the true scope of the Forest (Conservation) Act, 1980 (for short "the Act") and the meaning of the word "forest" used therein. There is also a resulting misconception about the need of prior approval of the Central Government, as required by Section 2 of the Act, in respect of certain activities in the forest area which are more often of a commercial nature. It is necessary to clarify that position.

¶1181

The Forest (Conservation) Act, 1980 was enacted with a view to check further deforestation which ultimately results in ecological imbalance; and therefore, the provisions made therein for the conservation of forests and for matters connected therewith, must apply to all forests irrespective of the nature of ownership or classification thereof. The word "forest" must be understood according to its dictionary meaning. This description covers all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purpose of Section 2(i) of the Forest (Conservation) Act. The term "forest land", occurring in Section 2, will not only include "forest" as understood in the dictionary sense, but also any area recorded as forest in the government record irrespective of the ownership. This is how it has to be understood for the purpose of Section 2 of the Act. The provisions enacted in the Forest (Conservation) Act, 1980for the conservation of forests and the matters connected therewith must apply clearly to all forests so understood irrespective of the ownership or classification thereof. This aspect has been made abundantly clear in the decisions of this Court in Ambica Quarry Works v. State of Gujarat, Rural Litigation & Entitlement Kendra v. State of U.P. and recently in the order dated 29-11-1996 (Supreme Court Monitoring Committee v. Mussoorie Dehradun Development Authority). The earlier decision of this Court in State of Bihar v. Banshi Ram Modi has, therefore, to be understood in the light of these subsequent decisions. We consider it necessary to reiterate this

¶1182

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¶1183

settled position emerging from the decisions of this Court to dispel the doubt, if any, in the perception of any State Government or authority. This has become necessary also because of the stand taken on behalf of the State of Rajasthan, even at this late stage, relating to permissions granted for mining in such area which is clearly contrary to the decisions of this Court. It is reasonable to assume that any State Government which has failed to appreciate the correct position in law so far, will forthwith correct its stance and take the necessary remedial measures without any further delay."

¶1184

(emphasis supplied)

¶1185

It may also be very relevant at this stage to observe that in the State of Assam, the Indian Forest Act, 1927 has not been applied on account of the Regulation. However, the order passed by the Supreme Court in the case of T.N. Godavarman Thirumulpad Vs. Union of India reported in (1997) 2 SCC 267 which is referred to by the Supreme Court in the case of Narinder Singh (supra) at paragraph No. 44 as quoted herein above shows that the Act of 1980 integrates the Regulation with the Indian Forest Act, 1927, thereby bringing within the fold of Section 2 of the Act of 1980, any statutory recognized forest which includes a reserved forest declared under the Regulation.

¶1186

The above principles of law as laid down by the Supreme Court would show that no right can be created by any State Law or

¶1187

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¶1188

even a Central Law applicable to the State without the previous approval of the Central Government. It would show that though the Central Government has the power to grant the approval but such approval has to be granted by considering the principles of sustainable development which have been laid down by the Supreme Court in the case of Rajeev Suri (supra) .

¶1189

The above perspective if applied to the present facts and what had been opined herein above to the effect that till date neither any rights were created in favour of the Petitioners nor any rights accrued upon them, this Court cannot permit the Petitioners to reside within the Reserved Forest by issuance of a writ, direction or order. It is observed that in the present circumstances if a direction is issued to the Respondents not to evict, it would not only be transgressing upon the powers reserved upon the State Government as well as the Central Government under the Forest (Conservation) Act, 1980 but also would be interfering with the constitutional duties and obligations reposed upon the State.

¶1190

This Court also finds it very relevant to take note of another judgment of the Supreme Court in the case of Nature Lovers Movement Vs. State of Kerala & Others reported in (2009) 5 SCC 373 wherein the Supreme Court dealt with the very concept of regularization of encroachment on forest land. The Supreme Court

¶1191

Page No.# 222/237

¶1192

observed in the said judgment that for the purpose of regularization, there has to be a policy of the State to regularize pre- 25.10.1980 occupation/encroachment of forest land and thereupon, the regularization can only be permissible after obtaining the prior approval of the Central Government. It was further observed that after 25.10.1980, i.e., the date of enforcement of the Act of 1980, no State Government or other authority can pass an order or give a direction for de-reservation of the reserved forest or any part thereof, or permit use of any forest land or any portion thereof for any non-forest purpose, or grant any lease, etc., in respect of the forest land to any private person or any authority, corporation, agency, or organization which is not owned, managed, or controlled by the Government. It was further observed that if any forest land or any portion thereof have been used for non-forest purpose for a particular length of time prior to the enforcement of the Act of 1980, the tenure of such activity cannot be extended by way of a renewal of a lease or otherwise after 25.10.1980 without obtaining the prior approval of the Central Government.

¶1193

This Court now finds it relevant to take note of a very recent judgment of the Supreme Court in the case of A. John Kennedy Vs. State of Tamil Nadu & Others reported in 2026 SCC OnLine SC

¶1194

Page No.# 223/237

¶1195

1001. The said judgment is of significant relevance to the present point for determination. It is relevant, however, to observe that there exists an important distinguishing fact which separates the present proceedings with the judgment of the Supreme Court in A. John Kennedy (supra) i.e., the Petitioners in the present proceedings claim rights to remain within the reserved forest post the Notifications issued constituting the reserved forests, whereas in the case of A. John Kennedy (supra), the persons whose rehabilitation was in issue, they were there even prior to the Notification constituting the reserved forest in that case. Be that as it may, Paragraph Nos. 50, 56, 57, 60, 63 and 64 being relevant are reproduced herein under:

¶1196

“ 50. This Court is not entirely averse to the submissions of State, and it is cognizant of the fact that eviction of thousands of persons who have been resident in forest areas for extended periods, many of whom are economically vulnerable. The task is onerous and one involving considerable administrative, logistical and humanitarian complexity. However, having said that, this Court is equally of the view that the obligation to protect ecologically sensitive regions cannot stand indefinitely deferred on account of such challenges, and that what is required is a structured, time-bound and adequately resourced institutional response that simultaneously addresses the imperatives of environmental protection and human rehabilitation.

¶1197

56. This Court is also concerned by the material placed on record which indicates that certain government amenities and facilities continue to remain functional within encroached forest areas. The State has itself acknowledged that three PDS

¶1198

Page No.# 224/237

¶1199

shops continue to operate, albeit on a reduced basis, in Arasaradi, Vandiyur and Nariyuthu hamlets, and that six Anganwadicentres remain operational within encroached forest areas. While the State has indicated that a proposal for complete withdrawal of such services is under consideration and that no new services or infrastructure have been sanctioned, this Court is of the view that the continued operation, even on a limited basis, of such facilities within encroached forest areas must be brought to an end within a defined short timeframe. The extension of government facilities to encroached areas, however limited, inevitably legitimizes illegal occupation and creates disincentives for voluntary relocation.

¶1200

57. The position regarding government employee encroachers also requires close attention. The CEC has identified 118 serving or retired government employees as encroachers within SMTR. While the State has initiated steps, including issuance of notices and the recovery of 15 hectares from such officials, the proceedings against a significant number remain pending. Government employees occupy a position of public trust, and encroachment upon protected forest land by persons holding such positions constitutes a particularly grave dereliction of duty that warrants the most expeditious and strong institutional response. The State must ensure that disciplinary and legal proceedings against all identified government employee encroachers are pursued and concluded with the urgency that the situation demands, without awaiting the outcome of the broader eviction programme. Further, removal of these encroachments is absolutely essential and must be completed by the next date of listing.

¶1201

60. This Court has, in a catena of decisions, consistently affirmed that the protection of wildlife, forests and ecological systems constitutes not merely a statutory obligation but a constitutional imperative flowing from Articles 21, 48A and 51A(g) of the Constitution of Indi a. This Court in T.N. GodavarmanThirumulpad v. Union of Indi a² , emphasized the approach that conservation must be eco-centric and not anthropocentric, recognising that nonhumans too have intrinsic value and that the approach has to be nature centred

¶1202

Page No.# 225/237

¶1203

where humans are a part of nature. The Court further observed, with reference to the principle of restitution and Article 8 of the Convention on Biological Diversity, 1992, that constitutional Courts are duty-bound to ensure not only prevention and mitigation of environmental degradation, but also restoration of damaged ecosystems to the fullest extent possible, while safeguarding against future ecological harm.

¶1204

63. This Court is fully alive to the humanitarian dimension of the issues involved. A significant number of the persons presently in occupation of forest land within the Agasthyamalai landscape are economically vulnerable, many have been resident in these areas for extended periods, in some cases spanning over eight decades, under circumstances that were not entirely of their own making, including dam construction workers who settled in forest areas during infrastructure development activities, and communities that migrated into forest areas during severe drought conditions prevailing in the 1950s and 1960s. The complexity of the rehabilitation task is real and cannot be understated.

¶1205

64. This Court is also conscious of the fact that rehabilitation and eviction must proceed simultaneously and in a coordinated manner, and that no person should be displaced without adequate alternative provision being made for their resettlement. The approach of the State in categorising encroachers, distinguishing between those with permanent habitations and forest-dependent livelihoods, those with temporary structures, and those engaged only in agriculture, provides a useful and rational framework for prioritising and sequencing eviction and rehabilitation operations. This Court endorses this approach and expects the State to pursue it with greater speed and rigour.”

¶1206

The above observations of the Supreme Court are relevant for the purpose of weighing the balance between private rights to continue to reside within the reserved forests on one hand and the

¶1207

Page No.# 226/237

¶1208

requirement to maintain the forests. The Supreme Court in unambiguous terms observed that protection of forests is of paramount importance than the private rights of the persons to continue to reside within the reserved forests.

¶1209

The said judgment also refers to rehabilitation and directions being issued. It is however of relevance to note that the aspect of rehabilitation in the present cases before this Court would however be different than the case which was before the Supreme Court in A. John Kennedy (supra) inasmuch as the Petitioners herein entered the reserved forest in question after the same were notified; and the Petitioners knew the fate of the consequences of trespassing into reserved forests and setting up dwelling houses by raising constructions. However, in the case of the persons referred to in the judgment in the case of A. John Kennedy (supra) they were residing within the reserved forest much prior to the forest being declared as a reserved forest. This aspect would be apparent from paragraph No. 1 of the order of the Supreme Court in the case of A. John Kennedy Vs. State of Tamil Nadu reported in 2025 SCC OnLine SC 776 .

¶1210

This Court also finds it relevant to take note of the judgment of the Supreme Court in the case of Abdul Khalek (supra), wherein

¶1211

Page No.# 227/237

¶1212

the Supreme Court had taken note of the data placed by the State of Assam apprising that 3,62,082.62 hectares of forest lands in the State of Assam were under encroachment or in other words, a total of 19.92% of forest area was under unauthorized illegal encroachment. The Supreme Court in the said judgment, more particularly, at paragraph Nos. 9 and 10, clearly observed that it was imperative upon the State to protect and improve the environment and to safeguard the forest and wild life of the country. Paragraph No. 9 of the judgment in the case of Abdul Khalek (supra) , being relevant, is reproduced herein under:

¶1213

“ 9. Forests constitute one of the most vital natural resources of the nation. They are not merely repositories of timber or land capable of alternate use, but complex ecological systems indispensable for maintaining environmental balance. Forests regulate climate, preserve biodiversity, recharge groundwater, prevent soil erosion, and act as natural carbon sinks mitigating the adverse effects of climate change. In a country as ecologically diverse and climatically vulnerable as India, the role of forests assumes even greater significance. Encroachment upon forest land has emerged as one of the gravest challenges confronting environmental governance in the country. The Constitution casts a clear and unequivocal obligation upon the state to protect forest and the environment. Article 48A, forming part of Directive Principles of State Policy, mandates that the State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country. Though, Directive Principles are not enforceable by Courts, they are fundamental in governance of the country and must guide the State in formulation and implementation of policy. Article 51A(g) of the Constitution imposes a

¶1214

Page No.# 228/237

¶1215

fundamental duty upon every citizen to protect and improve the natural environment, including forests. These constitutional provision reflect a collective responsibility on the part of citizen as well as the State to prevent, regulate and remedy the environmental harm.”

¶1216

Considering the above, it is therefore the opinion of this Court that the question of restraining the Respondents to perform their constitutional obligations reposed upon by law would not be in the interest of justice. Under such circumstances, this Court opines that the Petitioners herein who are residing within the geocoordinates of the reserved forests in question are required to be evicted as per law.

¶1217

In the above perspective, this Court finds it relevant to take note of Clause 4.3.1.1 of the Assam Forest Policy, 2004. The said Clause being relevant is reproduced herein under:

¶1218

“4.3.1.1 Government of Assam shall endeavor to identify pre-1980 encroachers who were allowed to enter the forest area by any competent authority, with a view to finding a solution to their land related problems.”

¶1219

This Court takes note of Clause 4.3.1.1 of the Assam Forest Policy, 2004 which appears to be based upon the National Forest Policy of 1988. This Clause in the Assam Forest Policy, 2004 would only come in aid of the Petitioners for being considered for

¶1220

Page No.# 229/237

¶1221

allotment of land as per the terms and conditions set out in the Assam Land Policy, 2019. The said Clause 4.3.1.1 under no circumstances can be construed that the Government had proposed that land would be allotted within the reserved forest if the Petitioners entered the reserved forest prior to 1980 with the permission of the Competent Authority. In fact, the State Government on its own even if it wished, cannot do so in view of Section 2 of the Forest (Conservation) Act, 1980. It is however the opinion of this Court that if the Petitioners are able to show before the Revenue Authorities that they entered the reserved forest prior to 1980 with the specific permission of the Competent Authority of the State Government prior to 1980, such Petitioners’ claim for allotment of land in terms with the Assam Land Policy, 2019 should be prioritize. The said observation is however subject to the Petitioners fulfilling the other parameters required as per the Assam Land Policy, 2019.

¶1222

CONCLUSIONS

¶1223

The instant batch of writ petitions stand disposed of with the following observations and directions:

¶1224

(i) The impugned Speaking Orders dated 07.03.2026, which

¶1225

Page No.# 230/237

¶1226

are assailed in the present batch of writ petitions qua each of the Petitioners were passed after following the necessary procedural safeguards as mandated in the judgment of the Supreme Court in the case of Abdul Khalek (Supra) .

¶1227

(ii) The impugned Speaking Orders dated 07.03.2026 qua each of the Petitioners were passed by taking into consideration the relevant factors and considerations.

¶1228

(iii) The finding of facts arrived at by the authorities concerned that the Petitioners in the batch of writ petitions are occupying land within the reserved forests are based upon a proper survey conducted by the Committee constituted vide Notification dated 17.02.2026 along with Forest officials and the digitization of the boundaries of the Reserved Forest in question. Under such circumstances, these findings of facts cannot be questioned in the writ proceedings.

¶1229

(iv) The findings in the impugned Speaking Orders qua each of the Petitioners that the Petitioners have failed to show documents/evidence of creation of rights to remain in the reserved forest, are in accordance with the settled principles of law and as such, do not call for any interference.

¶1230

Page No.# 231/237

¶1231

(v) Aadhar Cards, Election IDs, names in the Electoral Rolls, Electricity Connection, Certificates issued by the Panchayat Authorities cannot be regarded as documents which would entitle the Petitioners to reside within the Reserved Forests.

¶1232

(vi) The Notification issued under Section 5 of the Assam Panchayat Act, 1994 is only a Notification extending the benefits of the Panchayat Raj Institutions to the Reserved Forests. The said Notification issued under Section 5 of the Assam Panchayat Act, 1994 would under no circumstances change the character of the Reserved Forests. The reason being Section 2 of the Forest (Conservation) Act, 1980 categorically bars any State Law or any Central Law applicable to the State from de- reserving a Reserved Forest or portion thereof without the approval of the Central Government.

¶1233

(vii) A perusal of the provision of the Regulation would show that no rights have been conferred upon persons carrying Jhumming cultivation or under the Taungya System to reside within the Reserved Forests, except those persons who come within the ambit of Forest Dwelling Scheduled Tribes and Other Traditional Forest Dwellers as defined in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of

¶1234

Page No.# 232/237

¶1235

Forest Rights) Act, 2006. Furthermore, no person can claim derivative rights, when no rights have accrued upon the persons claiming rights under the Taungya System. Apart from that, there is a bar under Section 22 of the Regulation from alienation without the previous sanction/approval of the State Government.

¶1236

(viii) The Petitioners herein have failed to show that they come within the scope of Forest Dwelling Scheduled Tribes or the Other Traditional Dwellers as defined in Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and under such circumstances, they have no right to remain within the Reserved Forests. The Petitioners herein have also failed to show that their names have been recorded in the Jamabandi prepared by the Forest Department of the Government of Assam.

¶1237

(ix) The Revenue Authorities of the State of Assam cannot confer any right over any lands falling within the Reserved Forests by virtue of Section 4 of the Assam Land and Revenue Regulations, 1886. Therefore, issuance of any Patta or accepting revenue by the Revenue Authorities in respect to lands falling within the Reserved Forests would not create any

¶1238

Page No.# 233/237

¶1239

right or interest to remain within the Reserved Forests.

¶1240

(x) All the Petitioners have failed to show any right to remain within the subject reserved forests.

¶1241

(xi) 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 Reserved Forests.

¶1242

(xii) The Petitioners cannot be permitted to reside within the boundaries of the Reserved Forests which have been specifically outlined by the geo-coordinate locations of each of the Reserved Forests as quoted hereinabove.

¶1243

(xiii) 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.

¶1244

(xiv) This Court grants a period of 30 (Thirty) days to the

¶1245

Page No.# 234/237

¶1246

Petitioners to take steps for removal of their belongings and make alternative arrangements. Failure to do so, this Court directs the officials of the State Government including the District Administration, the Police Administration as well as the Forest Officials to take active steps for removal of the Petitioners from the reserved forests in question.

¶1247

(xv) This Court further directs the Managing Director, APDCL to disconnect the electricity connections, after 30 (Thirty) days from the date of the instant judgment of the Petitioners as well as all encroachers of the Reserved Forests against whom Speaking Orders have been passed pursuant to the judgment of the Supreme Court in the case of Abdul Khalek (supra).

¶1248

(xvi) This Court further observes that diversion of lands within the Reserved Forests are not permissible for setting up of Schools, Dispensaries, Hospitals, Anganwadis, Fair Price Shops, Electric and Telecommunication Lines, Roads, Community Centres, etc. unless the Central Government provides for diversion of these facilities. This Court also observes that Section 3(2) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,

¶1249

Page No.# 235/237

¶1250

2006 provides when such diversion is permissible. Under such circumstances, this Court directs the Chief Secretary, Government of Assam to take appropriate steps for due compliance in respect to the facilities provided within the Reserved Forests in question as outlined by the geocoordinates’ boundaries of the respective Reserved Forests as mentioned in the body of the instant judgment.

¶1251

This Court further observes that in the circumstances on account of the compliance as directed above, any Forest Dwelling Scheduled Tribes and/or Other Traditional Forest Dwellers, duly recognized, are effected, the concerned Authorities of the State are directed to do the needful so that they can avail such facilities in the adjoining areas falling in the Government khas lands or private lands outside the Reserved Forests. The Chief Secretary, Government of Assam is also directed to ensure the same.

¶1252

(xvii) The Chief Secretary, Government of Assam is further directed to ensure that the Forest Department of the Government of Assam does not permit any use of the lands upon being cleared from encroachers for any non-forest purpose.

¶1253

Page No.# 236/237

¶1254

(xviii) The Chief Secretary, Government of Assam shall ensure that the Forest Department of the Government of Assam takes effective steps for reforestation of the lands upon being cleared from encroachments.

¶1255

(xix) This Court duly takes note of the maps produced before this Court. In the said maps which contain the photographic image of the reserved forests, the Respondents have indicated the possession of the Petitioners as well as other encroachers. In view of the findings in the present judgment, 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. Under such circumstances, it is the constitutional obligation of the State to evict all other encroachers within the reserved forests by following the procedural safeguards approved by the Supreme Court in the case of Abdul Khalek (supra).

¶1256

(xx) This Court further observes that the Petitioners would be at liberty to apply for allotment of revenue lands coming within the ambit of the Assam Land and Revenue Regulations,

¶1257

Page No.# 237/237

¶1258

1886 in terms with the Assam Land Policy, 2019. In the circumstance, the Petitioners can show that the Petitioners were allowed to settle in the reserved forests, prior to 1980 by the Competent Authority, the Revenue Department of the Government of Assam shall prioritize such applications for allotment. In respect to the other Petitioners, the same shall be done in accordance with the principles and procedure laid down under the Assam Land Policy, 2019.

¶1259

(xxi) Interim orders passed earlier stands vacated.

¶1260

(xxii) All writ petitions stands disposed of.

¶1261

Before parting with the records, this Court finds it relevant to remind ourselves of the words of our Father of the Nation, taking into consideration the subject involved.

¶1262

“ What we are doing to the forests of the world is but a mirror reflection of what we are doing to ourselves and to one another.”

¶1263

— M. K. Gandhi

¶1264

JUDGE

¶1265

Digitally signed by Satyam Sharma Date: 2026.06.09 00:03:35 +05'30'

¶1266

Comparing Assistant

Magbul Hussen Alias Magkbul Hussen and 12 Ors. v. Union of India and 11 Ors.

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Magbul Hussen Alias Magkbul Hussen and 12 Ors. v. Union of India and 11 Ors.

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