The Gauhati High Court has issued a significant directive, ordering all settlers within the Lutumari Reserve Forest in Nagaon district to vacate the area within 30 days. The court's order, which mandates the removal of belongings and arrangement of alternative accommodation, comes with a clear instruction for the administration to intervene if the deadline is not met.
Should the individuals fail to comply with the directive within the stipulated period, the court has empowered the local administration to proceed with their removal from the protected forest land. Furthermore, the Assam Power Distribution Company Limited (APDCL) has been instructed to disconnect all electricity connections to these settlements after the 30-day period expires.
The ruling by a bench of Justice Devashis Baruah came while disposing of a petition filed by a group of settlers. The court noted that the petitioners were unable to demonstrate their status as 'Forest Dwelling Scheduled Tribes' or 'Other Traditional Forest Dwellers,' as defined under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. Documents presented, such as Aadhaar Cards, Election IDs, electoral roll entries, electricity connections, and certificates from local bodies, were deemed insufficient to establish such rights.
In its observation, the High Court also reiterated that the diversion of land within reserve forests for facilities like schools, dispensaries, hospitals, Anganwadis, fair price shops, utility lines, roads, or community centres is not permissible. Such diversions can only occur if specifically provided for and approved by the Central Government.
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