Supreme Court Directs Removal Of Encroachments & Stopping Of Illegal Resorts In Srivilliputhur-Megamalai Tiger Reserve

Expressing serious concern over the alarming extent of encroachments within the Srivilliputhur-Megamalai Tiger Reserve (SMTR), the Supreme Court issued a series of stringent directions aimed at restoring the ecologically sensitive landscape and ensuring strict compliance with forest and wildlife protection laws.

Noting that more than 4,600 encroachers occupying over 5,000 hectares of reserved forest land within the Tiger Reserve, and despite years of enforcement efforts, only 66 encroachers had been relocated and a relatively small portion of the encroached land had been recovered, a bench of Justice Vikram Nath and Justice Sandeep Mehta observed that the pace of action was grossly inadequate considering the ecological significance of the area, which forms the upper catchment of the Vaigai River and serves as a crucial wildlife habitat.

“In SMTR alone, only 66 out of 4,601 encroachers have been successfully relocated, and even in respect of these 66 cases, the State has acknowledged that the process of taking over 40 cultivation, buildings and other assets has not been fully completed and continues to remain in suspended animation, thereby permitting continued illegal use of forest land and resources. Only 52.86 hectares out of 5,072.653 hectares under encroachment has been effectively recovered. These meagre figures, when viewed against the massive scale of encroachment and the duration over which this matter has been pending before various fora, reflect a pace of progress that this Court finds difficult to regard as commensurate with the gravity of the situation.”, the Court observed.

Taking note of the findings of the Central Empowered Committee (CEC), the Court directed the State Government to prepare and submit a comprehensive, division-wise encroachment eviction plan within one month. The plan must contain clear timelines, designated responsibilities, rehabilitation measures, legal action against encroachers, and post-eviction ecological restoration strategies.

The Court was particularly critical of the continued functioning of government facilities within encroached forest settlements. It observed that public distribution system outlets, Anganwadi centres, schools, and other government-supported facilities operating in illegally occupied forest areas effectively legitimised such occupation and discouraged voluntary relocation. Consequently, the Court directed that all government establishments, public utilities, and unauthorised infrastructure within the Tiger Reserve be discontinued, relocated, dismantled, or removed within six months.

Furthermore, the Bench ordered disciplinary and legal action against 118 serving and retired government employees identified as encroachers in the reserve. The State was directed to initiate proceedings under the Tamil Nadu Government Servants' Conduct Rules and consider imposing environmental restitution charges payable to conservation funds.

The Court also ordered immediate action against illegal resorts and tourism-related infrastructure operating within the Megamalai region. Such establishments are to be made non-operational forthwith, their electricity connections disconnected, and the structures dismantled under the supervision of the Central Empowered Committee.

“the matter requires a structured, time bound and closely monitored framework to ensure effective implementation and consequences for noncompliance. The assurances and commitments made in the reply affidavit must translate into concrete, measurable and verifiable action on the ground through effective monitoring, institutional accountability and sustained enforcement. Accordingly, we issue the following directions:

i. 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.

ii. The eviction plan shall 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. Any failure to comply with the approved plan shall invite administrative accountability at the highest level.

iii. The State Law Department shall continuously monitor all proceedings relating to encroachments pending before district courts and other judicial forums and take appropriate measures for their expeditious disposal. The status of all pending cases relating to the encroachments before various forums shall be submitted for perusal of this Court in a tabular form supported by an affidavit on the next date of hearing.

iv. Disciplinary and legal action shall be initiated against all identified Government servants found to be encroachers, in accordance with Rule 3 of the Tamil Nadu Government Servants' Conduct Rules, 1973 and other applicable laws. We further direct that the State Government 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). The amounts so deposited shall be maintained separately and utilised exclusively for ecological restoration, habitat recovery, afforestation, forest protection and related conservation measures in the affected areas, in accordance with the Compensatory Afforestation Fund Act, 2016 and the Rules framed thereunder.

v. 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.

vi. There shall be a complete prohibition on approval or commencement of any new non-forestry activity or diversion proposal within the entire Agasthyamalai landscape under the provisions of the Forest (Conservation) Act, 1980, until all encroachments are removed and all illegal infrastructure is dismantled or otherwise dealt with strictly in accordance with extant law, rules and regulations. Proposal for regularization, if any, shall be placed before the CEC which shall examine the same and submit its opinion to this Court for further directions.

vii. 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. A comprehensive status report regarding such action shall be filed with the CEC within three months.

viii. All Government establishments, facilities, and unauthorised infrastructure situated within forest areas, including within the Srivilliputhur– Megamalai Tiger Reserve, shall be discontinued, relocated, dismantled, and removed from forest land within a period of six months.

ix. 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. All electricity connections and unauthorised transmission lines servicing such encroachments shall also be disconnected and removed forthwith. The aforesaid procedure shall be carried out in the supervision of the CEC.

x. The Chief Secretary, Government of Kerala, shall ensure that all original maps, survey records, settlement records, and land documents pertaining to the Kanyakumari Wildlife Sanctuary presently in Kerala's custody are transferred to the Tamil Nadu Forest Department within three months. The Chief Secretary, Government of Tamil Nadu, shall coordinate with the Government of Kerala to ensure expeditious compliance.

xi. The Forest Survey of India (FSI) under the Ministry of Environment, Forest and Climate Change (MoEFCC) shall undertake survey, demarcation, geo-referencing, and digitisation of the entire boundary of the Kalakkad Mundanthurai Tiger Reserve, Srivilliputhur– Megamalai Tiger Reserve and the Kanyakumari Wildlife Sanctuary within next six months. The FSI will also map the encroachments and submit its report to all concerned including the CEC.

xii. The State Government in consultation with the CEC shall inspect and take an appropriate decision regarding the utilisation, retention, relocation, or removal of all buildings, infrastructure, offices, bungalows, labour quarters, religious structures, and other establishments belonging to the management of Bombay Burmah Trading Corporation Limited (BBTCL) proposed to be retained within the forest area of Kalakkad Mundanthurai Tiger Reserve.

xiii. All forest, police, revenue and/or other officials involved in the exercise of survey, demarcation and removal of encroachments pursuant to the aforesaid directions shall be protected from prosecution in relation to bona fide actions taken by them during the aforesaid exercise, except in cases involving mala fide, arbitrary action or abuse of authority.

xiv. 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.

xv. The States shall submit monthly compliance reports to the CEC. The CEC shall undertake ground verification and submit quarterly status reports before this Court until all directions are fully complied with to the satisfaction of this Court.”

Cause Title: A. JOHN KENNEDY AND OTHERS VERSUS STATE OF TAMIL NADU AND OTHERS

Citation : 2026 LiveLaw (SC) 573

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Appearance:

Mr. K. Parameshwar, Sr.Adv.(Amicus Curiae)

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. 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. Mr. Vijay Narayan, Advocate General Ms. Purnima Krishna, AOR Mr. M.f.philip, Adv. Mr. Karamveer Singh Yadav, Adv. Mr. Togin M. Babichen, Adv.