Abubakkar Siddique and 5 Ors. Vs Union of India and 9 Ors. — Gauhati HC (2026) — LawSathi Research

Abubakkar Siddique and 5 Ors. Vs Union of India and 9 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petitions disposed of with directions to the respondent authorities to consider the petitioners' case afresh, allow submission of supporting documents, conduct a joint verification of the claimed/occupied area with the petitioners' participation, consider their claims in accordance with law, and effect eviction (if occupation within the notified forest land is established) only after preferably 14 days' notice, with 7/7/35-day timelines.

Issue for consideration

Whether the land occupied by the landless petitioners falls within the notified Lutumai Reserved Forest (as against revenue land), and how their claim of occupation is to be dealt with by the authorities.

Court's answer

The Court held that the interest of justice would be served if the respondent authorities considered the petitioners' case afresh, providing them an opportunity to submit supporting documents for their claim of occupation.

Ratio / Principle

The respondent authorities were directed to conduct a joint verification of the entire area claimed and occupied by the petitioners, in the presence and with the participation of the petitioners, and thereafter consider their claims in accordance with law.

Key takeaways

If the petitioners are found to be occupying land within the notified Lutumai Reserve Forest, they shall be evicted, but only after being provided reasonable time, preferably 14 days' notice, to vacate the land.ratio¶45
Timelines fixed: petitioners to submit claims, objections and supporting documents within 7 days of receipt of the certified copy of the order; physical joint verification within 7 days thereafter; the entire process to be completed within an outer limit of 35 days.ratio¶46

Detailed headnote1 paragraphs

Landless occupants facing eviction notices (dated 08.10.2025 and 08.12.2025) issued by the Divisional Forest Officer, Nagaon Forest Division over land allegedly within Lutumai Reserve Forest, Nagaon, Assam approached the Gauhati High Court by way of W.P.(C). Although a Joint Survey report submitted by the Additional Advocate General indicated the claimed area fell within the notified Reserved Forest, the Court, without entering into the merits or claims and counter-claims, disposed of the writ petitions by directing the authorities to consider the petitioners' case afresh: the petitioners were to be given an opportunity to submit supporting documents, a joint verification of the entire claimed/occupied area was to be conducted in their presence and with their participation, and their claims were thereafter to be considered in accordance with law. Eviction, if occupation within the notified forest was established, was to follow only after preferably 14 days' notice to vacate. Claims/objections were to be filed within 7 days, joint verification within the next 7 days, and the entire exercise within an outer limit of 35 days.

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GAHC010014922026

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

Case No. : WP(C)/412/2026

ABUBAKKAR SIDDIQUE AND 5 ORS. C/O HUSSAIN ALI, VILLAGE JIRIPAR, BARPANI, DIST. NAGAON,

2: MD USMAN GONI C/O HUSSAIN ALI VILLAGE JURIRPAR BARPANI DIST. NAGAON

3: ABUL KALAM C/O LATE ABDUL GAFUR VILLAGE KACHUA NO 1 DIST. NAGAON

4: LUTFUR RAHMAN C/O LATE ABDUL KARIM VILLAGE KACHUA NO 1 DIST. NAGAON

5: MAJIBUR RAHMAN C/O LATE ABDUL KARIM VILLAGE RANGALU BASTI DIST. NAGAON

6: RAFIQUL ISLAM C/O LATE ABDUL KARIM VILLAGE RANGALU BASTI DIST. NAGAO VERSUS

UNION OF INDIA AND 9 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

2:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM JANATA BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI- 781006 3:SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ENVIRONMENT AND FORSTS DEPARTMENT JANAT BHAWAN ASSAM SECRETARIAT COMPLEX DISPUR GUWAHATI

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

5:PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF FORESTS FORCE AND WILDLIFE

O/O THE PCCF AND HOFF ASSAM ARANYA BHAWAN PANJABARI GUWAHATI-781037 6:DIVISONAL FOREST OFFICER

NAGAON DIVISION NAGAON ASSAM

7:DISTRICT COMMISSIONER

NAGAON ASSAM

8:SUPERINTENDENT OF POLICE

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NAGAON ASSAM

9:CIRCLE OFFICER

KAMPUR REVENUE CIRCLE NAGAON ASSAM

10:OFFICER IN CHARGE

KACHUA POLICE STATION NAGAON ASSA

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

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

BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

04.02.2026

Heard Mr. A.R Bhuyan, learned counsel for the petitioners. Also heard Ms. M. Barman, learned Government Advocate, Assam and Mr. D Gogoi, learned Addl. Advocate General, Assam.

2. The petitioners claim to be the landless persons other than the land presently under their occupation alleged to be under the Lutumai Reserve Forest in the District of Nagaon, Assam.

3 . Shorn of unnecessary details, the case of the petitioners is that they were issued notice for eviction alleging illegal occupation in the Lutumai reserve/protected forest area vide orders dated 08.10.2025 and 08.12.2025 by the Divisional Forest Officer, Nagaon Forest Division directing them to submit

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any claim/representation or supporting documents, if any, to justify their occupation of the said forest land within 15 (fifteen) days. Pursuant thereto, the petitioners have submitted collective representation on 10.12.2025 before the competent authority.

4 . Mr. B Gogoi, learned Addl. Advocate General has submitted a Joint Survey report which has been prepared and duly authenticated by the concerned Forest and Revenue Authorities. The survey report clearly establishes that the land/area claimed by the petitioners falls within the Lutumai Reserved Forest (RF) under Kampur Range, Nagaon Forest. The claim of the petitioners that the land is revenue land is not borne out by the joint survey findings and the alleged area claimed by the petitioner from Padumoni, Rangaloo Basti (Kandapara) clearly falls within notified forest land i.e. Lutumai Reserved Forest.

5. The learned Additional Advocate General, submits that as per the joint verification report, which is based on boundary coordinates of Lutumai Reserve Forest and corresponding KML image and all other relevant records, the petitioners are illegally residing within the Lutumai Reserve Forest. Therefore, the petitioners are liable to be evicted from the said Lutumai Reserve Forest as they could not place any documents and establish their right of occupation.

6. Having considered the submissions of learned counsel for the parties and also considering the fair submissions of the learned Additional Advocate General, and without going into the claims and counter claims or merits of the matters, as well as in view of the orders passed by the Division Bench and Co-ordinate Bench of this Court, this Court of the considered view that the interest of justice would be served if the respondent authorities are directed to consider the case of the petitioners afresh by providing an opportunity to the petitioners to submit their documents in support of their claims with regard to the occupation of the

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land and also to have a joint verification including the petitioners so as to ascertain the actual facts of the claim of occupation and as to whether the petitioners are occupying the land within the Lutumai Reserve Forest.

7 . Accordingly, the respondent authorities are directed to conduct a joint verification of the entire area claimed and occupied by the petitioners in the presence and participation of the petitioners. The petitioners shall also be provided an opportunity to submit documents in support of their claims. Thereafter, the respondent authorities shall consider the claim of the petitioners in accordance with the law.

8 . It is made clear that in the event the petitioners are found to be occupying land within the notified Lutumai Reserve Forest, they shall be evicted by providing reasonable time preferably 14 (fourteen) days notice to vacate the land.

9 . It is further directed that the petitioners shall submit their claims and objections and the supporting documents within a period of 7 (seven) from the date of receipt of certified copy of this order. The exercise of physical joint verification, as directed herein above, shall be conducted within 7 (seven) days thereafter. The entire process and exercise, so directed herein above, shall be completed within an outer limit of 35 days from today.

10 . Writ petitions are disposed of in terms above.

JUDGE

Comparing Assistant