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Gauhati High Court
In Re-Forests Divisions Of Assam vs The State Of Assam And Anr on 20 March, 2026
Author: K.R. Surana
Bench: Kalyan Rai Surana
Page No.# 1/7
GAHC010088082023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL(Suo Moto)/3/2023
IN RE-FORESTS DIVISIONS OF ASSAM
X
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE COMMISSIONER AND SECRETARY,
ENVIRONMENT AND FOREST DEPARTMENT, JANATA BHAWAN, DISPUR,
GUWAHATI-781006
2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS AND HEAD OF
FOREST FORCE
ASSAM
ARANYA BHAWAN
PANJABARI
GUWAHATI-781037
3:THE DEPUTY DIRECTOR GENERAL OF FOREST(C) MINISTRY OF
ENVIRONMENT
FOREST AND CLIMATE CHANGE SHILLONG
REGIONAL OFFICE (NEZ)
NEAR MTC WORKSHOP
SHILLON
Advocate for the Petitioner : SC, GHC,
Advocate for the Respondent : AG, ASSAM, MS. J GOGOI, SC, N.C.HILLS,MS. L DEVI,
CGC,MR. D GOGOI, SC, FOREST,MR. J CHUTIA, SC,KAAC,MR. C SHARMA, SC, DHAC,MS. R
B BORA, SC, BTC
Page No.# 2/7
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 20.03.2026
(K.R. Surana, J)
Heard Mr. T. Gogoi, learned counsel appearing for Mr. T.J. Mahanta,
learned senior counsel and standing counsel for this Court. Also heard Mr. D.
Gogoi, learned standing counsel for the State Environment and Forest
Department representing respondent nos. 1 and 2; Mr. R.K.D. Choudhury,
learned Dy. SGI, appearing for respondent no.3; Mr. N.R. Sharma, learned
standing counsel for the BTC; Ms. S. Kemprai, learned standing counsel for
KAAC and Mr. V. Khusoh, learned counsel appearing for Mr. R.M. Das, learned
standing counsel for DHAC.
2. As per the contents of the additional affidavit filed by the Principal
Chief Conservator of Forests and Head of Forest Force on 12.11.2025, it appears
that there are 33 Forest Divisions in the State of Assam and "working plans"
have been prepared only for 32 Divisions since there is no reserve forest or
proposed reserve forest in the Majuli Division. It is also stated that out of the 32
Forest Divisions, 11 Forest Divisions fall within the administrative control of 3
autonomous councils i.e., the Bodoland Territorial Council, the Karbi Anglong
Autnomous Council and Dima Hasao Autonomous Council.
3. Though the said autonomous councils are duly represented, but it
appears from the case details available in the Court website, that formally only 3
respondents have been impleaded, i.e, the State of Assam, the Principal Chief
Conservator of Forests and Head of Forest Force and Deputy Director General of
Forests (C), Ministry of Environment and Climate Change, Shillong.
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4. Therefore, as appropriate authorities are not impleaded formally, the
Court is inclined to direct that the following authorities be impleaded as
respondent nos. 4 to 7. The authorities to be impleaded are the (i) Bodoland
Territorial Council represented by the Principal Secretary to the Bodoland
Territorial Council, Kokrajhar, (ii) Karbi Anglong Autonomous Council represented
by the Principal Secretary to the Karbi Anglong Autonomous Council, Diphu, (iii)
Dima Hasao Autonomous council represented by the Principal Secretary to the
Dima Hasao Autonomous council, Haflong, (iv) Ministry of Environment, Forest
and Climate Change, Govt. of India represented by its Secretary to the said
Ministry of Environment, Forest and Climate Change, New Delhi.
5. As such, the learned Dy.SGI as well as the learned standing counsel
for 3 Autonomous Council shall send a downloaded copy of this order to the
competent authorities to put them to notice of them being impleaded as
respondent nos. 4 to 7 respectively.
6. It appears from the record that this PIL brought to notice of the Court
that various Forest Divisions in the State of Assam did not have a working plan
and pursuant to various directions issued by the Court, out of the 32 Forest
Divisions, except the Forest Divisions regarding reserve forest and proposed
reserve forest of Majuli District, the status of the working plan as per additional
affidavit filed by the respondent no. 2 on 12.11.2025 are as follows:-
Sl No. STAGE DIVISION
1. Approved Digboi
2. Approved Dibrugarh
3. Approved Jorhat
4. Approved Doomdooma
5. Approved Nagaon South
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6. Approved Sonitpur East
7. Approved Kamrup East
8. Approved Kamrup West
9. Approved Hailakandi
10. Approved Karimganj
11. Stage-4 Dhemaji
12. Stage-4 Lakhimpur
13. Stage-4 Goalpara
14. Stage-4 Nagaon
15. Stage-3 Cachar
16. Stage-3 North kamrup
17. Stage-2 Sonitpur West
18. Stage-2 Golaghat
19. Stage-2 Sibsagar
20. Stage-2 Aie Valley
21. Stage-2 Dhubri
7. Therefore, it is evident from the said affidavit that out of 32 Forest
Divisions requiring a "working plan", 11 Divisions are not having any plan and
there are approved plans for 10 Forest Divisions and in respect of 4 forest
divisions, the plan is lying at Stage 4, in respect of 2 Forest Divisions, the plan is
lying at Stage 3 and in respect of 5 forest divisions the plan is still at Stage 2.
Therefore, the pace in which matters are being moved for having clearances
and approvals for the "working plans" in the State of Assam is extremely tardy.
8. Therefore, it is deemed appropriate that the State must deal with
these issues through a Nodal Officer for the MOEF & CC State of Assam
including all the Autonomous Districts. Otherwise, the delay in having a working
plan would mean that various Forest Divisions in the State of Assam would
continue to work without a plan, which is not in the interest of the Country and
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definitely not in the interest of environment in the State of Assam.
9. Accordingly, the Court proposes as follows:-
i. That all the head of various Forest Divisions irrespective of
whether under the State or they are under the various Territorial
Councils, shall depute an Officer who are acquainted with the facts
and documents of the respective Forest Divisions to appear before
the Ministry of Environment, Forest and Climate Change, Govt. of
Assam, on such dates as they may be called by the Office of the
Commissioner and Secretary to the Govt. of Assam, Ministry of
Environment and Forest Department, where all the Forest Divisions
shall make their presentation regarding the status of "working
plans".
ii. The Commissioner and Secretary to the Govt. of Assam,
Environment and Forest Department is expected to depute a
concerned official to examine all the documents and to approve it for
being submitted to the Deputy Director General of Forests (C),
Ministry of Environment, Forests and Climate Change, Govt. India,
Shillong.
10. These stages shall be conclusively completed outer limit of 3 (three)
weeks from the date of this order.
11. Thereafter, on a date appointed by Deputy Director General of Forests
(C), Ministry of Environment, Forests and Climate Change, Govt. India, Shillong,
all the representatives of the various Forest Divisions shall attend the said office
to make their respective presentation on such dates as they may be invited. It is
expected that the Deputy Director General of Forests (C), Ministry of
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Environment, Forests and Climate Change, Govt. India, Shillong, shall make a
compilation of the documents presented and shall take appropriate decisions
stage wise and file and affidavit before the Court on the next date of listing as
to the then status of approval of "working plan" for the 32 Forest Divisions in
the State of Assam.
12. We deem it appropriate to grant 6 (six) weeks time from today to the
Deputy Director General of Forests (C), Ministry of Environment, Forests and
Climate Change, Govt. India, Shilliong to do the needful on a presumption that
within 3 (three) weeks from the date of the order, the entire presentation would
be made before the said authority.
13. In the event there is default on part any Forest Divisions of the State to
make their presentation within time, an officer not below the rank of Joint
Secretary to the Govt. of Assam, Environment and Forest Department, shall file
an affidavit disclosing the names of the various Divisions and the name of Head
of the said Divisions to this Court, who are in default in submitting their
documents within time.
14. In the said affidavit it shall also be clearly spelt out as to whether the
concerned authorities of all the Forest Divisions in the State of Assam have
carried out ground and/ or field survey or not. The stage of the ground/ field
survey of area falling within various Forest Divisions is essential requirement for
taking action as per the "working plans" of forest in the State of Assam
15. The Commissioner and Secretary to the Environment and Forest
Department, Govt. of Assam shall also convene a meeting in his office to make
a compliation of the status of all the Forest Divisions and provide suitable
instructions to the learned counsel for preparing an affidavit which should show
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chart wise presentation of the various stages of the "working plan" of all 32
Forest Divisions in the State of Assam. This direction is given so as to avoid any
contradictory stand by the Forest Divisions including those under the 3
Territorial Councils.
16. We request the learned Dy.SGI, the learned standing counsel for the
Environment and Forest Department of the Govt. of Assam and learned standing
counsel for the BTC, KAAC and DHAC to transmit a downloaded copy of this
order to the concerned respective authorities.
17. Taking into account 3 (three) weeks plus 3 (three) weeks time is
granted, the affidavit by the Environment and Forest Department, Govt. of
Assam shall be filed at least 3 (three) days prior to the next date of listing.
18. List on 25.05.2026.
JUDGE JUDGE
Comparing Assistant
