Gauhati High Court seeks responses from Assam and Nagaland governments over flood damage petition

The Gauhati High Court has directed the governments of Assam and Nagaland to submit detailed affidavits by November 3 regarding the devastating floods that hit eastern Assam in July. The court's action follows a Public Interest Litigation (PIL) filed on August 17 by Debabrata Saikia, a Congress leader and former MLA from Nazira. The July floods claimed more than 80 lives and affected lakhs of people across the Sivasagar, Charaideo, Jorhat, and Golaghat districts.

Chief Justice Ashutosh Kumar observed that the concerns raised in the petition were genuine. Saikia's plea seeks judicial scrutiny into factors that may have aggravated the flooding, including alleged illegal sand and stone mining in the Dikhow riverbed and unscientific open cast coal mining in Nagaland's Mon, Mokokchung, and Wokha districts. The petition also questions the impact of water releases from the Doyang Hydro Electric Project and other upstream dams on downstream areas of Assam.

Saikia alleges that the disaster was exacerbated by administrative inaction and a failure to implement previous judicial mandates. He cited court directions from 2019 and 2022 regarding the crackdown on illegal mining and the creation of a Mines and Minerals Task Force Battalion, which he claims was never effectively implemented. He further referenced a January 12 report from the State Water Resources Department warning that continued excavation could alter the river's course and lead to severe consequences.

In response to the broader issue of mining, Assam Chief Minister Himanta Biswa Sarma stated on August 18 that the government cannot stop trucks due to Supreme Court guidelines. He added that he was unaware of coal in Sivasagar but would stop it immediately if proof were provided. Saikia has requested the court to establish a high powered monitoring committee led by a retired judge to investigate the causes of the floods and oversee the implementation of court orders.