The Supreme Court ordered immediate removal of encroachers and demolition of illegal structures across the eco-sensitive Agathyamalai region in south India, directed strict disciplinary, penal and criminal action against officials who facilitated or permitted illegal infrastructure within forest areas, and warned of possible deployment of paramilitary forces if state authorities fail to implement its directions.
The landscape of Agathiamalai is a biodiversity-rich forest area straddling parts of Tamil Nadu and Kerala, home to several protected areas including tiger reserves and wildlife sanctuaries in the Southern Western Ghats.
A bench of Justices Vikram Nath and Sandeep Mehta issued a comprehensive set of directions covering the Agathiyamalai Biosphere Reserve, including Periyar Tiger Reserve, Srivilliputhur-Megamalai Tiger Reserve, Kalakad-Mundanthurai Tiger Reserve, Kanyakumari Wildlife Sanctuary, Srivilliputhur Grizzled Squirrel Wildlife Sanctuary, Megamalai Wildlife Sanctuary and Thirunelveli Wildlife Sanctuary. Sanctuary, noting that decades of inaction have allowed encroachments, illegal constructions and habitat degradation to flourish in one of India’s most important biodiversity hotspots.
“The present proceedings are not merely about matters of regulatory compliance or administrative accountability, but strike at the heart of environmental governance and the State’s constitutional obligation to conserve and protect ecologically sensitive areas, fragile ecosystems and endangered wildlife for the benefit of present and future generations,” the bench said, in its May 30 order.
The court directed that a time-bound encroachment evacuation plan be prepared by department with clearly defined timelines, measurable milestones and certain officer-level responsibilities. The plan, which will be presented to the Central Empowered Committee (CEC), a statutory body set up by the court to deal with environmental issues, within a month, must include physical eviction of encroachers, rehabilitation measures where applicable, legal action against violators and post-eviction ecological restoration to prevent reoccupation of reclaimed forest land.
Rajesh Raveendran, chief conservator of forests in Kerala, told HT that although he is aware of the encroachment issue, he is yet to read the recent Supreme Court ruling on it.
“I am yet to read the Supreme Court ruling. But apart from that, it is our duty to follow the ruling in letter and spirit,” Raveendran said.
He added that the Central Empowered Committee (CEC), set up by the Supreme Court, visited Kerala and Tamil Nadu to conduct field visits and posed queries to the state forest department.
“We have answered all their queries. I believe the CEC has reported marginal encroachments in reserves like Periyar Tiger Reserve in Kerala. We will definitely look into the Supreme Court order,” he said.
In one of its strongest directions, the court ordered all illegal resorts, commercial establishments and tourism-related infrastructure operating within the Megamalai area and other forest lands to be immediately decommissioned and dismantled in accordance with the law. It also directed the cutting of all unlicensed electricity connections and transmission lines serving such encroachments.
The court also ordered that all unauthorized government institutions, facilities and infrastructure located within forest areas, including within the Srivilliputhur-Megamalai Tiger Reserve, be stopped, shifted, dismantled and removed from forest land within six months.
Taking into account the role of public authorities in facilitating the violations, the bench directed that “strict disciplinary, penal and criminal action be taken” against all officers, officials and heads of departments who initiated, facilitated, approved or permitted illegal infrastructural works in forest areas, particularly within the Megamalai Wildlife Sanctuary and the wider Agathiyamalai Biosphere. A comprehensive status report on this measure must be submitted to the Central Election Commission within three months.
The court also took note of the particularly disturbing finding in the CEC report that among the encroachers identified in the Srivilliputhur-Megamalai Tiger Reserve were 118 current and retired government employees.
“Disciplinary and legal action shall be taken against all 118 identified government servants who are found to be infringers, in accordance with Rule 3 of the Tamil Nadu Government Servants Code of Conduct, 1973 and other applicable laws. We also direct that the state government should consider imposing additional sanctions on all current and former government servants found to be infringers, and require such persons to deposit appropriate environmental recovery and restoration fees with the Tamil Nadu State Compensatory Afforestation Nadu Trusts Management and Planning Authority (CAMPA) ordered the court.
The ruling came after the court considered CEC reports documenting large-scale encroachments, illegal constructions and inadequate enforcement measures across protected forest areas. Reports revealed that more than 4,600 encroachers are occupying over 5,000 hectares of forest land in the Srivilliputhur-Megamalai Tiger Reserve alone, while 116 government buildings and public facilities have been constructed within the forest areas without legal approval. The Central Election Commission also identified 118 current or retired government employees among the abusers.
The bench observed that encroachments on protected areas in Agathiamalai district have continued for decades despite repeated directions of the Madras High Court, orders of the Supreme Court and recommendations of expert bodies. It noted that government facilities and welfare schemes continued to extend their reach to offenders, while enforcement efforts remained inadequate.
The court described the case as going to the heart of environmental management, and said the actions relate to the state’s constitutional obligation to preserve environmentally sensitive areas, fragile ecosystems and endangered wildlife for future generations.
While recognizing that many abusers are economically vulnerable and that rehabilitation presents real humanitarian challenges, the bench stressed that such concerns cannot justify postponing eviction and restoration proceedings indefinitely. She considered that “the obligation to provide appropriate rehabilitation is a legitimate and important obligation, but it must be implemented in conjunction with fulfilling environmental obligations, and not as an alternative to them.”
To ensure strict compliance, the court issued monthly compliance reports by the states concerned and quarterly verification reports by the Central Election Commission. It also held that if the state government fails to implement the directions, the CEC will be free to recommend deployment of paramilitary forces to help remove encroachments.
The bench posted the matter for further observation on September 1, 2026, and directed the CEC to submit a fresh status report before then.
