This document is a court order from the Gauhati High Court regarding a PIL filed to address the issue of encroachment of forest land in the Lumding Reserve Forest in Assam. The court order acknowledges the large area of over 1.1 hectares that has been encroached upon. The state government has submitted an affidavit and action plan to remove the encroachments in a phased manner from October 2021 to February 2022. The court has directed the state authorities to submit a progress update on the eviction actions taken in the first week of November 2021 as per the submitted plan.

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GAHC010095942021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL/37/2021
SHILADITYA DEV
S/O LATE SUBODH CH. DEV. RESIDENT OF JURAPUKHURI, PO AND PS
LANKA, DIST HOJAI, ASSAM, 782446
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR,
GUWAHATI 06
2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF
FOREST FORCE
ASSAM
ENVIRONMENT AND FOREST DEPARTMENT
ARANYA BHAWAN
PANJABARI ROAD
GUWAHATI 781037
3:THE DIVISIONAL FOREST OFFICER
NAGAON SUB DIVISION
HOJAI
ASSAM
782435
4:THE RANGE FOREST OFFICER
LANKA RANGE
HOJAI
ASSAM
782446

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5:THE DEPUTY COMMISSIONER
HOJAI
ASSAM
78243
Advocate for the Petitioner : MR B KAUSHIK
Advocate for the Respondent : GA, ASSAM
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE MANISH CHOUDHURY
ORDER
14.09.2021
[N. Kotiswar Singh, J.]
Heard Mr. U.K. Nair, learned Senior counsel assisted by Mr. B. Kaushik, for the
petitioner. Also heard Mr. P.N. Goswami, learned Additional Advocate General, Assam,
appearing for the State respondent.
The present PIL has been filed seeking a direction to be issued to the respondent
authorities for taking necessary actions for clearance of encroached land, including the
eviction, in the Lumding Reserve Forest. It has been stated that a large number of forest area
have been encroached upon by unauthorised persons from various places.
In this regard, the State Government also has filed an affidavit, which has
acknowledged the existence of such large area of forest land being encroached upon to the
extent of 1.10 hectares of of land under the Lumding Reserve Forest.
It has been also submitted that considering such encroachment, the State authorities

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have prepared a plan of eviction which they intend to implement in a phase wise manner
during the months of October 2021 to February 2022.
Thus, it has been submitted that the State Government is seized of the matter and
proposing to take concrete actions. In the action plan prepared by the State authority under
the first phase of eviction, which will last for 5 days, it will be undertaken during October
2021 to November 2021 and in 2nd
phase, which will last for 4 days, it will be undertaken
during November 2021 to December 2021 and under the 3rd
phase which will last for 5 days,
will be conducted during January 2022 to February 2022.
In that view of the matter, let the matter be listed in the 1st
week of November, 2021
and the State authorities will apprise this Court of the action so taken towards eviction as per
the plan of action submitted before this Court.
Comparing Assistant
Sd/- Manish Choudhury
JUDGE
Sd/- N. Kotiswar Singh
JUDGE