Case Note & Summary
The Supreme Court was hearing civil appeals concerning two issues: preservation of Reserve Forests, Wildlife Sanctuaries, and Tiger Reserves in Tamil Nadu, and the rehabilitation claims of displaced tea estate workers from the Bombay Burma Trading Corporation Limited (BBTCL) estate in Singampatti, Tamil Nadu, after it was declared a Reserved Forest, Wildlife Sanctuary, and Tiger Reserve under the Wild Life (Protection) Act, 1972. On 24th March 2025, the Court directed the Central Empowered Committee (CEC) to survey the entire Agasthyamalai landscape, including Periyar Tiger Reserve, Srivilliputhur Grizzled Squirrel Wildlife Sanctuary, Meghamalai and Thirunelveli Wildlife Sanctuaries, and to report instances of non-forestry activities. The CEC submitted an Interim Report on 10th July 2025, revealing that the Agasthyamalai Ecological Landscape covers 3,500.36 sq km across Tamil Nadu and Kerala. The CEC found that in Srivilliputhur-Megamalai Tiger Reserve (SMTR), around 4,595 individuals encroached upon 5,071.27 hectares of Reserved Forest land, with only 1.8% reclaimed. Alarmingly, 118 encroachers were serving or retired government employees. Despite Madras High Court directions, no FIRs or arrests had been made. In Kanyakumari Wildlife Sanctuary, 427.40 hectares were encroached, with law and order issues hindering eviction. The CEC recommended a time-bound eviction plan, constitution of a task force, disciplinary action against government encroachers, and a moratorium on welfare schemes in encroached areas. The CEC's second report on 16th January 2026 noted continued non-compliance, with incomplete records and slow implementation. In Kalakad-Mundanthurai Tiger Reserve, 99 families encroached on 10.16 hectares, and despite multiple offers of alternative land, encroachers refused to vacate. The Court considered the reports and issued directions for enforcement.
Headnote
A) Environmental Law - Forest Conservation - Encroachment Eviction - Forest Conservation Act, 1980; Wild Life (Protection) Act, 1972 - The Supreme Court, upon considering CEC reports, noted widespread encroachments in Reserved Forests, Wildlife Sanctuaries, and Tiger Reserves in Tamil Nadu, including by government employees. The Court directed time-bound eviction, constitution of task forces, and monthly review by Chief Secretary to ensure restoration of forest lands (Paras 3-20). B) Wildlife Protection - Tiger Reserve Management - Wild Life (Protection) Act, 1972 - The Court observed that despite specific directions, encroachers in Srivilliputhur-Megamalai Tiger Reserve continue to receive government amenities and welfare schemes, incentivizing illegal occupation. A blanket moratorium on such facilities in encroached areas was recommended (Paras 5-11). C) Service Law - Government Servants' Conduct - Tamil Nadu Government Servants' Conduct Rules, 1973 - The CEC identified 118 serving or retired government employees as encroachers. The Court directed disciplinary and legal action against them under Rule 3 of the said Rules (Para 8, 11(e)). D) Rehabilitation - Displaced Workers - Wild Life (Protection) Act, 1972 - The appeals also involve claims of displaced tea estate workers seeking rehabilitation after eviction from Bombay Burma Trading Corporation Limited estate declared as Reserved Forest and Tiger Reserve. The Court noted that encroachers refused alternative land offers and demanded free houses (Paras 2, 14-15).
Issue of Consideration
Whether the State of Tamil Nadu has effectively implemented court directions for removal of encroachments and restoration of forest lands in the Agasthyamalai landscape, and what measures are necessary to ensure compliance.
Final Decision
The Court, after considering CEC reports, directed time-bound eviction of encroachers, constitution of task forces, disciplinary action against government encroachers, moratorium on welfare schemes in encroached areas, and monthly review by Chief Secretary. Further hearing was adjourned.
Law Points
- Forest Conservation Act
- 1980
- Wild Life (Protection) Act
- 1972
- Tamil Nadu Government Servants' Conduct Rules
- 1973
- Tamil Nadu Hill Areas (Preservation of Trees) Act
- 1955
- Forest Rights Act
- 2006
