The Gauhati High Court has admitted a Public Interest Litigation (PIL) alleging that unscientific coal mining in Nagaland, along with illegal sand and stone mining in Assam’s Dikhow (Dikhu) river, contributed to or aggravated the recent floods in Sivasagar, and has sought responses from the Nagaland and Assam governments and other concerned authorities by November 3.
The petition, filed by former Assam Leader of the Opposition and former Nazira MLA Debabrata Saikia, raises concerns over the July floods, which claimed more than 80 lives and displaced lakhs of people across Sivasagar, Charaideo and adjoining areas.
According to media reports, the petition specifically alleges that open-cast coal mining in Nagaland’s Mon, Mokokchung and Wokha districts may have affected downstream areas of Assam. It also asks the court to examine whether water releases from the Doyang Hydro Electric Project contributed to the scale of the flooding and whether adequate coordination mechanisms exist between authorities in Assam and Nagaland. The allegations are yet to be examined by the court.
According to Saikia, Chief Justice of the Gauhati High Court Ashutosh Kumar observed that the issues raised in the petition were genuine. Saikia has said he had been raising concerns over environmental degradation and illegal mining in the Dikhow river basin before the court and government authorities for the past eight years.
The petition also refers to earlier proceedings concerning alleged illegal and unscientific sand and stone extraction from the Dikhow riverbed, particularly in areas near the Assam-Nagaland border.
Saikia had approached the High Court in 2019 over the issue.
The court subsequently directed action against illegal mining and ordered the constitution of a specialised Mines and Minerals Task Force Battalion.
A contempt case followed in 2021 over alleged non-compliance. In November 2022, the High Court again directed the government to constitute the task force. Saikia has alleged that the task force was never formed.
The petition also refers to an Assam Water Resources Department field report dated January 12, 2022. According to Saikia, the report had cautioned that continued excavation 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 High Court has also sought details of preventive flood-control measures undertaken by state agencies, following reports of Rs 25 crore being spent on embankment construction. The bench questioned why recurring floods continue to cause widespread destruction across Assam.
Saikia has 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 earlier court orders.
For flood victims, he has sought a separate mechanism to assess restorative compensation beyond the ex-gratia assistance provided by the government, including at least Rs 10 lakh for every affected family, citing the Himachal Pradesh model.
The petition has also sought registration of FIRs and appropriate legal or departmental action against officials and others found responsible for illegal mining, negligence or other violations.
It further seeks recovery of environmental compensation and any public money or losses arising from such violations.