SC directs removal of encroachments from Agasthyamalai ecological landscape

The SC also directed that disciplinary and legal action be initiated against all identified 118 serving and retired Government servants who are found to be encroachers

Taking a serious note of encroachments within the protected areas of the Agasthyamalai ecological landscape in Tamil Nadu, the Supreme Court has directed that a time-bound eviction plan be prepared and implemented on priority.

The apex court also directed that disciplinary and legal action be initiated against all identified 118 serving and retired Government servants who are found to be encroachers there.

A bench of Justices Vikram Nath and Sandeep Mehta said encroachments within the protected areas of Agasthyamalai landscape, including the Kalakad Mundanthurai Tiger Reserve, Srivilliputhur-Megamalai Tiger Reserve and the Kanyakumari Wildlife Sanctuary, have persisted and proliferated over several decades despite specific directions issued by the Madras High Court and the orders passed by the top court.

“The present proceedings concern not merely questions of regulatory compliance or administrative accountability, but strike at the very heart of environmental governance and the constitutional obligation of the State to preserve and protect ecologically sensitive regions, fragile ecosystems, and critically endangered wildlife for the benefit of present and future generations,” the bench said.

It delivered its verdict on May 29 on a plea raising issues, including those concerning preservation of reserve forests, wildlife sanctuaries and tiger reserves in Tamil Nadu.

It noted that as per a July 2025 interim report of the Central Empowered Committee (CEC), the Agasthyamalai ecological landscape covers 3,500.36 square km encompassing several districts of Tamil Nadu and Kerala.

It noted that as per report a submitted by the district magistrate of Theni district, a total of 4,601 encroachers have occupied 5,072.653 hectares of land in reserved forests across the district and thus far, only 1.8 percent of the total encroached forest land has been reclaimed.

The bench said as per the DM’s report, 116 Government and public utility structures were constructed inside forest lands without prior approval.

“Alarmingly, a total of 118 individuals listed as encroachers have been identified as serving or retired Government employees, including personnel from the Army, police, CRPF, Forest Department, Revenue Department, Electricity Board, Anganwadi, School Education, panchayats, survey department and other services,” the bench said.

It said while the state has initiated steps, including issuance of notices and recovery of 15 hectares from such officials, the proceedings against a significant number remain pending.

“A time-bound, division-wise encroachment eviction plan shall be prepared and implemented on priority, with clearly defined timelines, measurable milestones, and designated officer level responsibilities. The said plan shall be placed before CEC within a period of one month,” it said.

It said the eviction plan should include comprehensive measures for physical eviction, rehabilitation wherever applicable, legal action against wilful violators, and post-eviction ecological restoration, so as to ensure that reclaimed forest land is not re-encroached.

“Disciplinary and legal action shall be initiated against all identified 118 Government servants found to be encroachers, in accordance with Rule 3 of the Tamil Nadu Government Servants’ Conduct Rules, 1973 and other applicable laws,” it said.

The bench directed that the state shall consider imposing additional penalties on all present and former Government employees found to be encroachers, and require such persons to deposit appropriate environmental restitution and restoration charges with the Tamil Nadu State Compensatory Afforestation Fund Management and Planning Authority (CAMPA).

“A blanket moratorium shall be imposed on the extension of welfare schemes, public utilities, transport facilities, electricity supply, and infrastructure support within encroached forest areas, so as to ensure that illegal occupation is neither incentivised nor legitimised,” it said.

“Stringent disciplinary, penal, and criminal action shall be proposed against all officials, officers, and heads of departments who commenced, facilitated, approved, or permitted illegal infrastructure works within the forest areas, specially within the Megamalai Wildlife Sanctuary, and generally within the Agasthyamalai Biosphere in violation of the Forest (Conservation) Act, 1980,” the bench said.

It said all Government establishments, facilities, and unauthorised infrastructure situated within forest areas, shall be discontinued, relocated, dismantled and removed from forest land within six months.

It said all illegal resorts, commercial establishments, and tourism-related infrastructure operating within the Megamalai area and other forest lands shall be made non-operational forthwith and dismantled in accordance with law and by ensuring minimum disruption to the forest area.

“In case the State Government fails to ensure compliance with the above directions, the CEC may recommend deployment of paramilitary forces for providing assistance to carry out the exercise of removal of encroachments,” it said.

It asked the States to submit monthly compliance reports to the CEC.

The bench asked the CEC to undertake ground verification and submit quarterly status reports before it until all directions are fully complied with.

It asked the CEC to submit its report in a sealed cover by August 28 and posted the matter for further hearing on September 1.