In a significant order focused on environmental protection, the Supreme Court has directed the Tamil Nadu government to prepare and implement a time-bound plan for removing encroachments from protected forests, wildlife sanctuaries and tiger reserves across the Agasthyamalai landscape. The Court emphasized that ecological preservation cannot be indefinitely delayed because of administrative or political challenges.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order while hearing appeals involving forest conservation issues and the rehabilitation claims of displaced workers from the former Bombay Burmah Trading Corporation Limited (BBTCL) tea estates.
Background of the Case
The matter concerns large-scale encroachments inside protected forest areas including the Kalakad-Mundanthurai Tiger Reserve, Srivilliputhur-Megamalai Tiger Reserve and Kanyakumari Wildlife Sanctuary in Tamil Nadu.
Earlier, the Court had directed the Central Empowered Committee (CEC) to conduct an extensive survey of the Agasthyamalai ecological landscape. The CEC's reports revealed widespread encroachments, illegal infrastructure, and continuing non-forest activities in ecologically sensitive regions.
The reports noted that thousands of hectares of reserved forest land remained under occupation despite previous court directions and that government facilities were still operating in some encroached areas.
Court's Observations
The Supreme Court acknowledged that Tamil Nadu had taken some steps toward rehabilitation, eviction and ecological restoration. However, it found the pace of progress inadequate considering the scale of environmental damage.
The Bench observed:
"The obligation to protect ecologically sensitive regions cannot stand indefinitely deferred on account of such challenges."
The Court noted that only a small fraction of the encroached forest land had been recovered despite years of litigation and repeated directions from courts and expert bodies. It expressed concern that government amenities continued to function in some encroached settlements, potentially legitimising illegal occupation.
The Bench also took serious note of findings that serving and retired government employees were among those occupying forest land.
"Government employees occupy a position of public trust, and encroachment upon protected forest land by persons holding such positions constitutes a particularly grave dereliction of duty."
Rehabilitation Must Continue Alongside Eviction
While stressing environmental protection, the Court also recognized the humanitarian concerns involved.
It observed that many occupants had lived in these areas for decades and that rehabilitation must proceed alongside eviction. The Court endorsed Tamil Nadu's classification-based rehabilitation model but clarified that rehabilitation concerns could not become a reason for endless delay in restoring protected forests.
Supreme Court's Directions
The Court issued a series of directions, including:
Preparation of a division-wise encroachment eviction plan within one month.
Legal and disciplinary action against 118 identified government servants found occupying forest land.
A moratorium on welfare schemes, public utilities, transport and infrastructure support in encroached forest areas.
Prohibition on new non-forestry activities across the Agasthyamalai landscape until illegal encroachments are removed.
Closure and removal of illegal resorts and unauthorized commercial establishments operating inside forest areas.
Survey, digitisation and demarcation of reserve boundaries by the Forest Survey of India within six months.
Monthly compliance reports by state authorities and quarterly monitoring by the CEC.
Decision
The Supreme Court accepted the need for continuous monitoring and directed Tamil Nadu and Kerala authorities to comply with the detailed framework laid down in the order. The Court instructed the CEC to submit a further report by August 28, 2026, and listed the matter for further hearing on September 1, 2026.
Case Details
Case Title: A. John Kennedy and Others v. State of Tamil Nadu and Others
Case Number: Civil Appeal Nos. 6395-6397 of 2025
Judges: Justice Vikram Nath and Justice Sandeep Mehta
Decision Date: May 29, 2026
