Gauhati HC notice to govts on plea linking illegal mining to Upper Assam floods

The Gauhati High Court has admitted a Public Interest Litigation (PIL) alleging that the recent floods in Assam’s Sivasagar were caused or aggravated by unscientific coal mining in Nagaland and illegal sand and stone mining in the Dikhow river in Assam, and sought detailed replies from the Assam and Nagaland governments and other concerned authorities by November 3.The July disaster claimed more than 80 lives and displaced lakhs of people across Sivasagar, Charaideo and surrounding areas. (ANI)The PIL, filed by former leader of the opposition and former Nazira MLA Debabrata Saikia, challenges the administrative handling of the July disaster that claimed more than 80 lives and displaced lakhs of people across Sivasagar, Charaideo and surrounding areas.Also Read: Assam floods: Over 26,000 houses damaged; second phase of monetary relief beginsChief justice of the Gauhati High Court Ashutosh Kumar observed that the issues highlighted in the petition were genuine, noting that Saikia had maintained sustained communication with the judiciary and government authorities over the past eight years regarding environmental degradation and illegal mining in the Dikhow river basin.Referring to media reports highlighting the expenditure of ₹25 crore on embankment construction, the bench sought details of preventive flood-control measures undertaken by state agencies and questioned why recurring floods continue to inflict widespread destruction across Assam.The petition, which names the State of Assam along with 15 other respondents, argues that the disaster was aggravated by prolonged administrative non-compliance with earlier judicial mandates.Saikia had previously approached the High Court in 2019, raising concerns over alleged illegal and unscientific sand and stone extraction from the Dikhow riverbed, particularly along areas near the Assam-Nagaland border.Also Read: Assam: Sivasagar rebuilds a month after the floods but fear remainsThe court, through orders passed in 2019, directed action against illegal mining and also ordered the constitution of a specialised Mines and Minerals Task Force Battalion.Subsequent non-compliance led to a contempt case in 2021, and in November 2022, the HC asked the government to form the task force. However, according to Saikia, it was never formed.Saikia’s petition also refers to an official Water Resources Department field report dated January 12, 2022, which, according to him, had warned that continued excavation in the area could alter the course of the river and lead to severe consequences. “The government must answer why it ignored binding judicial orders and administrative warnings for eight years,” Saikia said.The PIL has also raised concerns over alleged open-cast coal mining in Nagaland’s Mon, Mokokchung and Wokha districts and the possible impact of water releases from the Doyang Hydro Electric Project on downstream areas of Assam.Saikia has urged the court to examine whether releases from upstream dams contributed to the scale of the flooding and whether adequate coordination mechanisms existed between the authorities in Assam and Nagaland.Also Read: Assam govt begins flood damage survey, compensation to start by mid-SeptemberAssam chief minister Himanta Biswa Sarma on August 18 had said, “We cannot stop the trucks because of Supreme Court guidelines. But if local people (in Sivasagar) one day decide to stop them, we will address the matter. There is no coal in Sivasagar as far as I know, but if anyone can provide proof, we will stop it immediately.”Saikia has also sought the constitution of a high-powered monitoring committee headed by a retired judge to examine the causes of the floods and oversee implementation of the court’s earlier orders.For flood victims, Saikia has sought a separate compensation assessment mechanism to determine restorative compensation over and above the ex-gratia assistance provided by the government. In his statement following the filing of the petition, he demanded compensation of at least ₹10 lakh for every family devastated by the floods, citing the Himachal Pradesh model.The petition has further sought registration of FIRs and appropriate legal or departmental action against officials and others found responsible for illegal mining, negligence or other violations.It also seeks recovery of environmental compensation and any public money or losses arising from such violations.