Institute of Legal and Management Studies

The Supreme Court yesterday ordered status quo with respect to eviction and demolition actions initiated in Uriamghat and adjoining villages of Golaghat District, Assam.

A bench of Justices PS Narasimha and Atul S Chandurkar passed the order, while issuing notice on a petition challenging the Gauhati High Court's judgment which rejected the petitioners' writ appeals and upheld the eviction action initiated by the respondent-authorities.

Briefly put, the petitioners have approached the Court aggrieved by the High Court's refusal to protect "long-settled residents" from forcible eviction, many of whom are stated to have been in uninterrupted occupation for over seven decades. It is claimed that the eviction action is without due process, rehabilitation, or settlement inquiry as mandated under the Assam Forest Regulation, 1891 and the Forest Rights Act, 2006.

In July 2025, the respondent-authorities are stated to have issued eviction notices to the petitioners under the Assam Forest Regulation, 1891 (as amended), stating that their villages fall within the Doyang and South Nambar Reserved Forests. These notices apparently provided a time of 7 days to vacate. Aggrieved, the petitioners approached the High Court. However, a Single Bench of the Court held in favor of the authorities, deeming the petitioners to be trespassers.

Among other things, the petitioners claim to be long-settled inhabitants of the subject villages, with State recognition in terms of electricity connections, ration cards, enrolment in electoral rolls, etc. They argue that the authorities' action ignores the statutory mandate of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and the Assam Rules of 2015.

It is further claimed that the authorities' action undermines the petitioners' fundamental rights under Articles 14, 19, 21, 25 and 300-A of the Constitution.

In support, the petitioners rely on the Supreme Court's directions in In Re: Directions in the matter of demolition of structures, which mandated prior notice, opportunity of hearing, and proper rehabilitation.

Appearance: Senior Advocates Chander Uday Singh and Rauf Rahim, Advocate-on-Record Adeel Ahmed and Advocate Abdur Razzaq (for petitioners)

Case Title: ABDUL KHALEK AND ORS. Versus THE STATE OF ASSAM AND ORS., SLP(C) No. 23647-23648/2025

Click here to read the order