Court warns force over Agasthyamalai forest encroachments

IPA Staff
5 Min Read
The Supreme Court has warned Tamil Nadu that paramilitary forces could be deployed to clear encroachments from protected forests in the Agasthyamalai ecological landscape if authorities fail to enforce its orders swiftly.

A bench of Justices Vikram Nath and Sandeep Mehta on Wednesday rejected a request for three additional months to carry out the eviction exercise. It directed the state to intensify action against unauthorised occupation, remove illegal structures and end cultivation of kapok, also known as silk cotton, on encroached forest land.

The judges said merely shutting down resorts, lodges and other commercial establishments operating on protected land would not meet the court’s directions. Such structures must be dismantled and removed. Electricity and water connections to buildings standing on encroached land should also be disconnected, irrespective of who occupies them.

The warning marks an escalation in judicial scrutiny of enforcement across the Agasthyamalai landscape, one of southern India’s most environmentally sensitive forest systems. The proceedings cover the Kalakad-Mundanthurai Tiger Reserve, Srivilliputhur-Megamalai Tiger Reserve and Kanyakumari Wildlife Sanctuary, among other protected areas.

The court had on May 29 ordered a comprehensive and time-bound programme for eviction, rehabilitation where applicable and ecological restoration. It found that enforcement undertaken by Tamil Nadu fell substantially short of what was required to address decades of unauthorised occupation and degradation.

Records considered by the court showed that 4,601 encroachers occupied about 5,072.65 hectares of reserved forest land in Theni district, while only about 1.8% of the affected land had been reclaimed. The authorities were also directed to act against 118 serving or retired government employees identified among those occupying forest land.

The May order required district-level task forces to coordinate eviction operations with forest, revenue and police officials. It also called for legal action against wilful violators, monitoring of pending court cases and measures to ensure that cleared forest areas are restored rather than occupied again.

The court imposed restrictions on extending welfare schemes, utilities and infrastructure support into encroached forest areas. New non-forestry activities and forest diversion proposals across the Agasthyamalai landscape were also barred until encroachments and illegal infrastructure were dealt with under applicable conservation laws.

During Wednesday’s hearing, Tamil Nadu argued that large numbers of families had lived in parts of the forest landscape for generations and that relocation required time because rehabilitation arrangements had to be made. The state said resorts had been closed and steps were under way to deal with settlements and plantations.

The bench, however, made clear that longstanding occupation could not by itself justify continued encroachment inside reserved forests. It also opposed the grant of land titles over protected forest areas and insisted that commercial plantations established through forest occupation should be removed so native vegetation could recover.

The dispute has exposed tensions between ecological restoration and the rights claimed by communities living in the Meghamalai and Varusanadu hill regions. Residents and farmers from dozens of villages have opposed large-scale eviction and sought recognition of claims under the Forest Rights Act. Protests involving people from 98 villages were held on August 7 amid fears of displacement and loss of livelihoods.

The Supreme Court’s May judgment acknowledged that the human dimension could not be ignored. It noted that some families had occupied forest areas for decades, including communities whose presence was linked to infrastructure projects, employment and migration during periods of severe drought. The court said eviction and rehabilitation should therefore proceed together, with alternative arrangements made for eligible residents.

Environmental concerns have nevertheless driven the court’s insistence on faster enforcement. Srivilliputhur-Megamalai Tiger Reserve forms part of the upper catchment of the Vaigai river system, while Kalakad-Mundanthurai Tiger Reserve is crucial to the Thamirabarani catchment. Both landscapes support wildlife corridors, threatened species and forest ecosystems that underpin water security across large parts of southern Tamil Nadu.

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