Mahammad Ali and 61 Ors. Vs Union of India and 9 Ors.

¶1

Page No.# 1/17

¶2

GAHC010005922026

¶3

2026:GAU-AS:2040

¶4

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

¶5

Case No. : WP(C)/223/2026

¶6

MAHAMMAD ALI AND 61 ORS

¶7

S/O- KUDDUS ALI.AGE- 36.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON, ASSAM.

¶8

2: ABDUL KARIM

¶9

S/O- ABDUL SATTAR.AGE- 47.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶10

3: ABDUL JABBAR S/O- ABDUL BAREK.AGE- 40.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶11

4: SAIDUR HAQUE S/O- ROCHMAT ALI.AGE- 47.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶12

5: SAHAB UDDIN S/O- IDRISH ALI.AGE- 50.VILL- JURIRPAR BARPANI DIST- NAGAON ASSAM

¶13

6: AKBAR ALI

¶14

S/O- INNAS ALI.AGE- 40.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM

¶15

7: AFAJ UDDIN

¶16

S/O- IDRISH ALI.AGE- 48.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM

¶17

Page No.# 2/17

¶18

8: SAMSUL HAQUE

¶19

S/O- ABDUL CHAMED ALI.AGE- 43.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶20

9: KERAMAT ALI

¶21

S/O- KUDDUS ALI.AGE- 30.VILL- LONGJUP PADUMONIDIST- NAGAON ASSAM

¶22

10: RAFIKUL ISLAM

¶23

S/O- MAHAMMAD ALAM.AGE- 50.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶24

11: AMIR HAMAJA S/O- ABDUL HUSEN.AGE- 32.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶25

12: HUSSAIN ALI S/O- MANNAS ALI.AGE- 50.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶26

13: NEKBAR ALI S/O- INNAS ALI.AGE- 37.VILL- LONGJUP PADUMONI DIST- NAGAON ASSAM

¶27

14: NUR MAHAMMAD

¶28

S/O- AIN UDDIN.AGE- 39.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM

¶29

15: HABIBUR RAHMAN

¶30

S/O- MAHAMAD SHAJAHAN.AGE- 39.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶31

16: AFIYA KHATUN

¶32

C/O- AMJED ALI.AGE- 61.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM

¶33

17: ABDUL CHAMED ALI

¶34

S/O- ROCHMAT ALI.AGE- 65.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶35

Page No.# 3/17

¶36

18: ABADAT ALI S/O- KUDDUS ALI.AGE- 33.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶37

19: CHADDAM ALIAS SADDAM HUSSAIN S/O- AMJED ALI.AGE- 33.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM

¶38

20: ABDUL REZAK S/O- IBRAHIM ALI.AGE- 55.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶39

21: RUFUL AMIN S/O- ALAM SHEIK.AGE- 33.VILL- LONGJUP JARONIDIST- NAGAON ASSAM

¶40

22: HASEN ALI S/O- RASTAM ALI.AGE- 31.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶41

23: ABDUL RAHIM S/O- ABDUL KHALEK.AGE- 39.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶42

24: SARAFAT ALI S/O- KUDDUS ALI.AGE- 29.VILL- LONGJUP PADUMONI DIST- NAGAON ASSAM

¶43

25: ABDUL KADIR S/O- HASSEN ALI.AGE- 55.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM

¶44

26: SAHIDUL ISLAM S/O- KAMAL UDDIN.AGE- 27.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶45

27: ASHADUL ALIAS ACHADUL ISLAM S/O- NUR ALIAS NURUL ISLAM.AGE- 37.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶46

Page No.# 4/17

¶47

28: HUSSAIN ALI S/O- IUCHUP ALI.AGE- 55.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM 29: NURUL AMIN /O- JULMAT ALI.AGE- 45.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM 30: NUR MUHAMMAD S/O- SAIDUR RAHMAN.AGE- 28.VILL- LONGJUP PADUMONI DISTNAGAON ASSAM 31: ABDUL MAJID S/O- AMSAR ALI.AGE- 70.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM 32: RAHAM ALI S/O- SHEIKH MAMUD.AGE- 60.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM 33: SHAHIDUL ISLAM S/O- ABDUL JALIL.AGE- 45.VILL- JURIR PAR BARPANI DIST- NAGAON ASSAM 34: SAIFUL ISLAM S/O- ABDUL JALIL.AGE- 27.VILL- LONGJUP JERONIDIST- NAGAON ASSAM 35: HABIBUR RAHMAN S/O- AMIR UDDIN.AGE- 50.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM 36: DULAL UDDIN S/O- TAHER ALI.AGE- 33.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM 37: SAFIQUL ISLAM S/O- ABDUL JALIL.AGE- 30.VILL- BORPANI DIST- NAGAON ASSAM

¶48

38: INAMUL ISLAM

¶49

Page No.# 5/17

¶50

S/O- AFTAR UDDIN.AGE- 33.VILL- LONGJUP JARONIDIST- NAGAON ASSAM

¶51

39: SADDAM HUSSAIN S/O- ABDUL JALIL.AGE- 26.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶52

40: SAMSUL HAQUE S/O- ABDUL KADIR.AGE- 42.VILL- JURIRPAR DIST- NAGAON ASSAM

¶53

41: ALAL UDDIN S/O- MAHAMMAD JOYNAL ABEDIN.AGE- 39.VILL- LONGJUP PADUMONI DIST- NAGAON ASSAM

¶54

42: SAFIQULALIAS SABIKUL ISLAM S/O- MAHAMMAD JOYNAL ABDIN ALIAS JAYNAL ABDIN.AGE- 28.VILLLONGJUP PADUMONI DIST- NAGAON ASSAM

¶55

43: FAKAR UDDIN S/O- LATE ABDUL KADIR.AGE- 50.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶56

44: HALIM UDDIN S/O- NUR UDDIN.AGE- 45.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM

¶57

45: MUKHSIDA KHATUN W/O- MAHAMAD SHAJAHAN .AGE- 50.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶58

46: UMAR ALI S/O- AIN UDDIN.AGE- 30.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM

¶59

47: ABDUL MAJID

¶60

S/O- AMSAR ALI.AGE- 70.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM

¶61

48: ALAL UDDIN

¶62

Page No.# 6/17

¶63

S/O- MANIR UDDIN.AGE- 68.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM 49: ABDUL KARIM S/O- SHEIKH MAMUD.AGE- 67.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM 50: ABDUL MATALEB S/O- MD ALIAS MAHAMAH RASUMADDIN.AGE- 65.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM 51: ABDUL MATIN S/O- MAHAMMAD RASUMADDIN.AGE- 20.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM 52: TAHER UDDIN S/O- ABDUL AJID.AGE- 38.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM 53: ASHIK AHMED S/O- ABDUL AJID.AGE- 45.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM 54: KHUSHED AHMED S/O- ABDUL AJID.AGE- 40.VILL- LONGJUP PADUMONI HATIPARA FV DISTNAGAON ASSAM 55: SAFIR UDDIN S/O- LATE ABDUL AJID.AGE- 31.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM 56: IMAM UDDIN S/O- ABDUL AJID.AGE- 29.VILL- JURIRPARDIST- NAGAON ASSAM 57: ALAL UDDIN S/O- ACH MAT ALI.AGE- 50.VILL- JURIRPAR BARAPANI DIST- NAGAON ASSAM

¶64

58: ABDUL SATTAR

¶65

Page No.# 7/17

¶66

S/O- MALE HUSSAIN.AGE- 50.VILL- LONGJUP PADUMONI DIST- NAGAON ASSAM

¶67

59: HABIBUR RAHMAN S/O- ABDUL SATTAR.AGE- 40.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSAM

¶68

60: ABU HANIFA S/O- HUSSAIN ALI.AGE- 32.VILL- LONGJUP JARONIDIST- NAGAON ASSAM

¶69

61: AHMED ALI S/O- KUDDUS ALI.AGE- 33.VILL- LONGJUP PADUMONIDIST- NAGAON ASSAM

¶70

62: HOBIBUR RAHMAN S/O- ABDUL SATTAR.AGE- 45.VILL- LONGJUP PADUMONI HATIPARA FV DIST- NAGAON ASSA

¶71

VERSUS

¶72

UNION OF INDIA AND 9 ORS

¶73

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

¶74

2:THE STATE OF ASSAM

¶75

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

¶76

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

¶77

4:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR

¶78

GUWAHATI- 781006

¶79

5:PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FOREST

¶80

Page No.# 8/17

¶81

FORCE AND WILDLIFE

¶82

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 ASSA

¶83

BEFORE

¶84

HON’BLE MR. JUSTICE DEVASHIS BARUAH

¶85

For the Petitioner(s) : Mr. A. R. Bhuyan, Advocate For the Respondent(s) : Mr. M. R. Adhikari, CGC : Mr. D. Gogoi, Standing Counsel : Ms. P. R. Mahanta, Standing Counsel : Mr. S. S. Roy, Government Advocate

¶86

· Date on which Judgment was reserved : N/A

¶87

· Date of Pronouncement of Judgment : 12.02.2026

¶88

Page No.# 9/17

¶89

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

¶90

Whether the full Judgment has been Pronounced : Yes

¶91

JUDGMENT AND ORDER (ORAL

¶92

Heard Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the Petitioners and Mr. M. R. Adhikari, the learned CGC appearing on behalf of the Respondent No.1. I have also heard Mr. D. Gogoi, the learned Standing counsel appearing on behalf of the Respondent Nos. 2, 3, 5 and 6; Ms. P. R. Mahanta, the learned Standing counsel appearing on behalf of the Respondent No.4; Mr. S. S. Roy, the learned Standing counsel appearing on behalf of the Respondent Nos. 7 to 10.

¶93

Sixty-two (62) writ Petitioners joined together to file the instant writ petition challenging the notice dated 08.12.2025 issued by the Respondent Authorities and further seeking that the Respondent Authorities be restrained from disturbing the peaceful possession of the Petitioners and carrying out any demolition or eviction in respect to their houses and residential plots at Longjup Padumoni, Longjup Padumoni (Hatipara Forest Village), Longjup Jaroni and Barpani Bagan, Nagaon District.

¶94

The Petitioners have also sought for directions that the

¶95

Page No.# 10/17

¶96

Respondents should provide benefits to the Petitioners under the National Food Security Act, 2013; Right to Education Act, 2009 and the Assam Panchayat Act, 1995 and all other necessary benefits.

¶97

This Court enquired with Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the Petitioners in respect to the prayer pertaining to seeking directions in respect to National Food Security Act, 2013; Right to Education Act, 2009 and the Assam Panchayat Act, 1995 and he submitted that the Petitioners would be well advised not to insist the said prayer in the present proceedings and if there is any violation to the provisions of the said Acts, the Petitioners be granted the liberty to agitate the same by way of separate writ petition. The prayer being reasonable, liberty is granted to the Petitioners to agitate their grievances in respect to the infraction of the provisions of the aforesaid by way of separate writ petition(s).

¶98

In the backdrop of the above, this Court therefore takes up the instant writ petition only on the question pertaining to the challenge to the notice dated 08.12.2025 issued by the Respondent Authorities as well as the eviction which is sought to be carried out by the Respondent Authorities on the basis of the impugned notice dated 08.12.2025.

¶99

Page No.# 11/17

¶100

The case of the Petitioners herein are that they have been residing in the villages of Longjup Padumoni, Longjup Padumoni (Hatipara Forest Village), Longjup Jaroni and Barpani Bagan, Nagaon District for many years. It is claimed by the Petitioners that the original pattadars through lawful and valid means have granted the Petitioners permission to reside upon the said lands and cultivate the lands.

¶101

On 08.12.2025, notices were issued by the Divisional Forest Officer, Nagaon Forest Division to the various Petitioners. The Petitioners apprehended that on the basis of the said notice dated 08.12.2025, the Petitioners would be evicted and as such, the Petitioners have approached this Court.

¶102

This Court has heard the learned counsel appearing on behalf of the parties including the counsel who appears on behalf of the Forest Department.

¶103

Mr. D. Gogoi, the learned Standing counsel appearing on behalf of the Forest Department submitted that the said notices were issued in pursuance to the directions passed by the learned Division Bench of this Court in the Judgment dated 18.08.2025 passed in Writ Appeal No.251/2025 and Writ Appeal No.252/2025.

¶104

Page No.# 12/17

¶105

He further submitted that against the said judgment passed by the learned Division Bench of this Court dated 18.08.2025, Special Leave to Appeals were filed before the Supreme Court and vide a judgment dated 10.02.2026, the Supreme Court disposed of those appeals by issuing certain directions. The learned Standing counsel further submitted that in view of the said observations and directions made by the Supreme Court, the Forest Department now would take steps in accordance with the said directions passed.

¶106

This Court enquired with Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the Petitioners as to whether the lands in question wherein the Petitioners are residing fall within the reserved forest. The learned counsel for the Petitioners submitted that the lands under their occupation no doubt are reserved forest land but they were issued settlement certificates for temporary settlement under the Tonguya/Tangiya system in the year 1974.

¶107

This Court has duly perused the judgment of the Supreme Court in the case of Abdul Khalek and Others Vs. The State of Assam and Others dated 10.02.2026. A perusal of the said judgment reveals that while those appeals were pending before the Supreme Court, an additional affidavit was filed on 18.01.2026 by the State of Assam, the contents of which were reproduced in the

¶108

Page No.# 13/17

¶109

said judgment. The Supreme Court at paragraph No.12 of the said judgment delineated the policy decision of the State of Assam to remove unauthorized occupation from the reserve forest. In addition to that, the Supreme Court also observed at Paragraph No.13 that on behalf of the State of Assam, the learned Solicitor General has assured that the mechanism evolved by the State shall be complied with objectively and with fairness while taking action for removal of unauthorized occupation in the reserved forest.

¶110

Taking into account the said, this Court finds it relevant to reproduce paragraph Nos. 12 and 13 of the said judgment in the case of Abdul Khalek and Others (supra).

¶111

“ 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:

¶112

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

¶113

(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.

¶114

Page No.# 14/17

¶115

(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.

¶116

(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.

¶117

(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.

¶118

(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 unauthorized occupation and only after expiry of the period of notice, the action shall be taken to remove the unauthorised occupants.

¶119

(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.

¶120

Page No.# 15/17

¶121

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.”

¶122

In view of the observations made by the Supreme Court at Paragraph Nos. 12 and 13, it is the opinion of this Court that the instant writ petition can be disposed of in the similar manner thereby directing the Respondent Authorities to carry out the required procedure and steps in terms with the directions passed by the Supreme Court at Paragraph Nos. 12 and 13 in the case of Abdul Khalek and Others (supra) as quoted herein above.

¶123

Accordingly, the instant writ petition therefore stands disposed

¶124

Page No.# 16/17

¶125

of with directions upon the Respondent Authorities more particularly the Forest Department, Revenue Department, District Administration as well as the Police Authorities who are parties to the instant proceedings to comply as per the directions passed by the Supreme Court at Paragraph Nos. 12 and 13 in the case of Abdul Khalek and Others (supra) .

¶126

Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the Petitioners submitted that some form of interim directions may be given.

¶127

At Paragraph No.13 of the judgment of the Supreme Court in the case of Abdul Khalek and Others (supra), the Supreme Court has categorically mentioned that the parties were directed to maintain status quo in respect of land in occupation till Speaking Orders are passed. The Petitioners therefore are also entitled to similar directions to the extent that the parties herein shall maintain status quo in respect to the land in occupation of the Petitioners till the directions in terms with Paragraph No.12 of the judgment passed by the Supreme Court in the case of Abdul Khalek and Others (supra) are not complied with.

¶128