In a landmark judgment aimed at protecting India's ecologically sensitive forests and wildlife habitats, the Supreme Court has issued a series of sweeping directions for the removal of encroachments from the Agasthyamalai landscape in Tamil Nadu, warning that environmental protection cannot be sacrificed due to administrative delays or political considerations.
A Bench of Justices Vikram Nath and Justice Sandeep Mehta passed the order while hearing appeals concerning forest conservation, wildlife protection, and rehabilitation of displaced workers from the former Bombay Burmah Trading Corporation Limited (BBTCL) tea estates situated within protected forest areas.
The Court acknowledged that the Tamil Nadu government had taken certain steps to reclaim forest land and rehabilitate affected persons. However, it held that the pace of implementation remained "significantly below the threshold" required to address the environmental crisis.
The Bench noted that in the Srivilliputhur-Megamalai Tiger Reserve (SMTR) alone, only 66 out of 4,601 encroachers had been relocated so far. Merely 52.86 hectares of the more than 5,072 hectares under encroachment had been effectively recovered.
The Court observed that these figures were "meagre" when compared to the magnitude of illegal occupation and the decades-long history of encroachment in the region.
The State had informed the Court that drone surveys and boundary demarcation exercises were underway before large-scale eviction could be carried out. However, the Bench held that while such surveys were important, they could not become an excuse for indefinitely postponing eviction proceedings.
The Court directed that eviction operations must proceed immediately in areas where boundaries are already established and legal proceedings have concluded in favour of the Forest Department.
One of the Court's strongest observations concerned the continued functioning of government facilities inside encroached forest areas.
The Bench noted that public distribution system (PDS) shops and Anganwadi centres were still operating in certain forest settlements. According to the Court, the continuation of such facilities legitimizes illegal occupation and discourages voluntary relocation.
The Court ordered the State to discontinue, relocate, or remove government establishments and infrastructure situated within forest lands within six months.
The Court expressed serious concern over findings of the Central Empowered Committee (CEC) that 118 serving and retired government employees were themselves encroachers on protected forest land.
Observing that public servants occupy positions of trust, the Court stated that encroachment by government employees constitutes a particularly grave breach of duty.
The State was directed to initiate disciplinary and legal proceedings against all such officials and to consider imposing environmental restitution and restoration charges. The recovered amount is to be deposited into the Compensatory Afforestation Fund Management and Planning Authority (CAMPA) for ecological restoration projects.
The Supreme Court ordered immediate action against illegal commercial activities inside protected forest areas.
All illegal resorts, tourism establishments, and commercial structures operating in the Megamalai region and other forest areas have been directed to cease operations immediately and be dismantled in accordance with law.
The Court further directed that electricity connections and unauthorized transmission lines serving such establishments be disconnected forthwith under the supervision of the CEC.
In a major environmental protection measure, the Court imposed a complete prohibition on approval of new non-forestry projects or diversion of forest land anywhere in the Agasthyamalai landscape until existing encroachments are removed and illegal infrastructure is dismantled.
Any proposal for regularization of encroachments must first be examined by the Central Empowered Committee and placed before the Supreme Court.
The Court also examined the issue of the former tea estates operated by Bombay Burmah Trading Corporation Limited (BBTCL).
While noting that approximately 97.35% of the leased forest area had already been handed back to the Forest Department, the Bench questioned the State's proposal to retain several permanent structures including offices, bungalows, labour quarters, and religious buildings inside the tiger reserve.
The Court observed that allowing such infrastructure to remain was inconsistent with the objective of complete habitat restoration.
The State Government and the CEC have been directed to jointly decide whether such structures should be retained, relocated, or removed.
The Supreme Court also took note of the Madras High Court's determination that BBTCL owes approximately ₹4,655.24 crore towards lease rent, interest, and penalties.
The State has been directed to submit a compliance report regarding recovery of these dues. The Court indicated that part of the recovered amount may later be considered for ecological restoration through the CAMPA mechanism.
Emphasizing the constitutional importance of environmental conservation, the Court relied upon Articles 21, 48A, and 51A(g) of the Constitution.
The Bench described the Agasthyamalai landscape as a globally significant biodiversity hotspot that supports tigers, elephants, leopards, Indian gaur, sloth bears, Nilgiri langurs, Great Indian Hornbills, and numerous endangered species.
According to the Court, continued degradation of these forests threatens not only wildlife but also water security, biodiversity, ecological balance, and the livelihoods of millions dependent on river systems originating in these forests.
The Court acknowledged that many occupants had lived in these forest areas for decades, including families of dam construction workers and economically vulnerable communities who migrated during droughts in the 1950s and 1960s.
It approved Tamil Nadu's categorization of encroachers for rehabilitation purposes and emphasized that no person should be displaced without appropriate resettlement measures.
However, the Court clarified that humanitarian considerations cannot become a permanent justification for delaying legally mandated forest restoration and eviction efforts.
To ensure compliance, the Court directed Tamil Nadu to prepare a detailed, division-wise encroachment eviction plan within one month, submit monthly compliance reports, and implement a structured rehabilitation and restoration programme.
Significantly, the Court authorized the Central Empowered Committee to recommend deployment of paramilitary forces if the State fails to effectively remove encroachments.
The CEC has been directed to continue monitoring the situation and submit quarterly status reports to the Court.
The matter will next be heard on September 1, 2026, with the CEC required to file its report by August 28, 2026.
The judgment represents one of the most significant recent interventions by the Supreme Court in forest conservation, signaling a stricter judicial approach toward encroachments, illegal tourism activities, and administrative inaction in protected wildlife habitats.
Case Details:-
CIVIL APPEAL NO(S). 6395-6397 OF 2025
A. JOHN KENNEDY AND OTHERS ....APPELLANT(S)
VERSUS
STATE OF TAMIL NADU AND OTHERS ...RESPONDENT(S)
Citation:- 2026 INSC 605
Representation:-
AMICUS CURIAE : Mr. K. Parameshwar, Sr. Adv.
For Appellant(s) : Ms. Purnima Krishna, AOR, Mr. M.f.philip, Adv., Mr. Karamveer Singh Yadav, Adv., Mr. Togin M. Babichen, Adv., Mr. Prasanna S., AOR, Ms. Injila Muslim Zaidi, Adv., Mr. Maamidi Ashish Reddy, Adv., Mr. Prasanna B, Adv., Ms. Ishita Tulsyan, Adv.
For Respondent(s) :Mr. Vijay Narayan, Advocate General, Ms. Purnima Krishna, AOR, Mr. M.f.philip, Adv., Mr. Karamveer Singh Yadav, Adv., Mr. Togin M. Babichen, Adv., Mr. Tushar Mehta, Solicitor General, Ms. Aishwarya Bhati, A.S.G., Mr. Gurmeet Singh Makker, AOR, Mr. Sarthak Karol, Adv., Mr. Aaditya Dixit, Adv., Mr. Shantnu Sharma, Adv., Mr. Bhuvan Kapoor, Adv., Mr. Rohan Gupta, Adv.
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