Supreme Court orders eviction of encroachers from Agasthyamalai hills

The Supreme Court has directed the Tamil Nadu government to prepare and implement a time-bound plan for the removal of encroachments from the Agasthyamalai ecological landscape, a biodiversity-rich region comprising protected forests, wildlife sanctuaries and tiger reserves spread across Tamil Nadu and Kerala [A John Kennedy v. State of Tamil Nadu]..In a judgment delivered on May 29, a Bench of Justices Vikram Nath and Sandeep Mehta also ordered disciplinary and legal action against 118 serving and retired government employees identified as encroachers and directed the State to consider recovering environmental restitution and restoration charges from them..The directions came after the Central Empowered Committee (CEC), acting on the Court's earlier orders, reported extensive encroachments and inadequate measures to tackle them across the landscape. It had found that 4,601 encroachers were occupying more than 5,000 hectares of forest land in the Srivilliputhur-Megamalai Tiger Reserve (SMTR) alone, while 553 encroachers were identified in the Kanyakumari Wildlife Sanctuary.The CEC also flagged the presence of 118 serving or retired government employees among the encroachers and noted that government facilities and amenities continued to operate in certain encroached forest settlements.“The encroachments within the protected areas of the Agasthyamalai landscape - including the Kalakad-Mundanthurai Tiger Reserve, the Srivilliputhur-Megamalai Tiger Reserve and the Kanyakumari Wildlife Sanctuary have persisted and proliferated over several decades, notwithstanding specific and time-bound directions issued by the Madras High Court, orders passed by this Court, and repeated recommendations made by expert bodies including the CEC,” the Bench observed..The Court took note of the Tamil Nadu government's contention that eviction efforts had been slowed by resistance from encroachers, pending litigation, logistical difficulties. However, the Bench observed efforts to remove encroachments had remained “in the realm of hollow promises.”While acknowledging that the eviction of thousands of persons residing in forest areas for extended periods presents significant challenges, the Court stressed that environmental protection could not be indefinitely postponed.“This Court is equally of the view that the obligation to protect ecologically sensitive regions cannot stand indefinitely deferred on account of such challenges,” it said.Accordingly, the Court issued a series of directions aimed at restoring the ecologically sensitive landscape..Apart from ordering a time-bound eviction plan and action against government employee encroachers, the Bench also went on to impose a moratorium (halt) on welfare schemes, public utilities, transport facilities, electricity supply and infrastructure support in encroached forest areas to ensure that illegal occupation is neither incentivised nor legitimised.It also prohibited the approval of new non-forestry activities across the Agasthyamalai landscape until encroachments are removed and illegal infrastructure is dismantled or otherwise dealt with in accordance with law.The Court further ordered illegal resorts, commercial establishments and tourism infrastructure operating in the Megamalai area and other forest lands be shut down and dismantled, and ordered immediate disconnection of electricity connections servicing such encroachments under the supervision of the CEC.It also directed the Forest Survey of India (FSI) to map encroachments and survey, geo-reference and digitise the boundaries of the Kalakad-Mundanthurai Tiger Reserve, Srivilliputhur-Megamalai Tiger Reserve and Kanyakumari Wildlife Sanctuary within six months, and submit its findings to the CEC and other authorities.The Court further made it clear that if the State government fails to implement its directions, the Central Empowered Committee (CEC) may recommend deployment of paramilitary forces to assist in the removal of encroachments.To ensure continued oversight, the Court directed the State to submit monthly compliance reports to the CEC. The CEC has been asked to undertake ground verification and file quarterly status reports before the Supreme Court until all directions are fully complied with. The committee has been directed to submit its next report by August 28, 2026.The matter has been listed for further hearing on September 1, 2026.Senior Advocate K Parmeshwar appeared as Amicus CuriaeAdvocate General Vijay Narayan represented the State of Tamil Nadu..[Read Judgment]