A. John Kennedy v State of Tamil Nadu 2026 INSC 605 – Ecologically Sensitive Forest Encroachments

Constitution of India – Articles 21, 48A and 51A(g) — The protection of wildlife, forests and ecological systems constitutes not merely a statutory obligation but a constitutional imperative flowing from Articles 21, 48A and 51A(g) of the Constitution of India. Constitutional Courts are duty-bound to ensure not only prevention and mitigation of environmental degradation, but also restoration of damaged ecosystems to the fullest extent possible, while safeguarding against future ecological harm. (Para 60)

Wildlife (Protection) Act, 1972 – General scheme — The protection of ecologically sensitive regions, fragile ecosystems and critically endangered wildlife for the benefit of present and future generations requires a structured, time-bound and adequately resourced institutional response that simultaneously addresses the imperatives of environmental protection and human rehabilitation. (Paras 46, 50, 63–66) The obligation to protect ecologically sensitive regions cannot stand indefinitely deferred on account of challenges of resistance from encroachers, litigation, difficult terrain, political sensitivity or conduct of elections. (Para 50) Humanitarian considerations and the obligation to provide adequate rehabilitation, important as they are, cannot operate as a perpetual justification for indefinite postponement of legally mandated eviction and restoration measures. Rehabilitation and eviction must proceed simultaneously and in a coordinated manner, and no person should be displaced without adequate alternative provision being made for their resettlement. Categorising encroachers by distinguishing between those with permanent habitations and forest‑dependent livelihoods, those with temporary structures, and those engaged only in agriculture provides a useful and rational framework for prioritising and sequencing eviction and rehabilitation operations. (Para 64-65)