The Supreme Court has directed the Tamil Nadu government to prepare and implement a time-bound action plan for the removal of encroachments from the ecologically sensitive Agasthyamalai landscape, a biodiversity-rich region comprising protected forests, wildlife sanctuaries and tiger reserves spread across Tamil Nadu and Kerala.
The Bench of Justice Vikram Nath and Justice Sandeep Mehta passed the directions while dealing with concerns relating to large-scale encroachments in forest areas despite repeated judicial orders and recommendations issued by expert bodies over the years.
The Court also directed the state government to initiate disciplinary as well as legal proceedings against 118 serving and retired government employees, who were identified as encroachers in protected forest areas. It further ordered the state to examine the recovery of environmental restitution and ecological restoration costs from such individuals.
The directions were issued after the Central Empowered Committee (CEC), appointed to assist the Court in environmental matters, submitted a report highlighting extensive encroachments and inadequate enforcement measures across the Agasthyamalai landscape.
According to the CEC, as many as 4,601 encroachers were occupying more than 5,000 hectares of forest land in the Srivilliputhur-Megamalai Tiger Reserve alone. The committee also identified 553 encroachers in the Kanyakumari Wildlife Sanctuary. The report further revealed that 118 serving and retired government officials were among the encroachers and noted that public amenities and government facilities continued to operate in certain illegal forest settlements.
Taking note of these findings, the Supreme Court observed that encroachments within protected areas, including the Kalakad-Mundanthurai Tiger Reserve, the Srivilliputhur-Megamalai Tiger Reserve and the Kanyakumari Wildlife Sanctuary, had continued and expanded over several decades despite specific directions issued by the Madras High Court, orders passed by the Supreme Court and repeated recommendations made by expert authorities.
The state government submitted that eviction drives had been slowed due to resistance from encroachers, pending litigation and logistical challenges associated with removing large numbers of people who had been residing in forest areas for extended periods. However, the Court remarked that efforts to address the issue had largely remained confined to assurances and had failed to produce tangible results.
While acknowledging the practical difficulties involved in evicting thousands of occupants from forest land, the Bench emphasised that constitutional and statutory obligations relating to environmental protection could not be indefinitely postponed on account of administrative challenges.
Observing that protection of ecologically fragile regions was a continuing public trust obligation of the State, the Court held that environmental conservation measures cannot be deferred indefinitely and must be implemented in a time-bound manner.
To ensure effective enforcement, the Court directed the state government to formulate and execute a comprehensive schedule for the eviction of encroachers and the restoration of forest land. It further imposed a moratorium on the extension of welfare schemes, public utilities, transport facilities, electricity connections and other infrastructural support in illegally occupied forest areas so that unauthorised occupation is neither incentivised nor legitimised.
The Bench also prohibited the approval of any new non-forestry activities within the Agasthyamalai landscape until all encroachments are removed and illegal structures are dismantled or otherwise dealt with in accordance with law.
In relation to commercial activities operating within forest areas, the Court ordered the closure and demolition of illegal resorts, tourism facilities and other commercial establishments functioning in the Megamalai region and other encroached forest lands. It further directed immediate disconnection of electricity supply to such establishments under the supervision of the Central Empowered Committee.
The Supreme Court also entrusted the Forest Survey of India (FSI) with the task of mapping encroachments and carrying out a comprehensive survey, geo-referencing and digitisation of the boundaries of the Kalakad-Mundanthurai Tiger Reserve, Srivilliputhur-Megamalai Tiger Reserve and Kanyakumari Wildlife Sanctuary. The exercise is to be completed within six months, and the findings are to be submitted to the CEC and other concerned authorities.
As an additional enforcement measure, the Court observed that if the state government failed to effectively implement its directions, the Central Empowered Committee would be at liberty to recommend the deployment of paramilitary forces to assist in the removal of encroachments.
The Court directed the Tamil Nadu government to submit monthly compliance reports to the CEC detailing the steps taken pursuant to the judgment. The CEC was ordered to conduct field verification and submit quarterly status reports to the Apex Court until full compliance was achieved. The committee has been directed to file its next report by August 28, 2026. The matter has been listed for further hearing on September 1, 2026.
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