Guwahati: The Gauhati High Court has admitted a Public Interest Litigation (PIL) filed by former Leader of the Opposition and former Nazira MLA Debabrata Saikia seeking judicial scrutiny into the factors that contributed to the devastating floods in Upper Assam in July.
A Division Bench led by the Chief Justice directed the Assam and Nagaland governments and other concerned authorities to file detailed affidavits by November 3, 2026.
The petition raises questions over alleged illegal mining in the Dikhow riverbed, mining activities in Nagaland’s catchment areas and the release of water from upstream dams.
During the hearing, the Chief Justice observed that the concerns raised by Saikia were genuine. The court also noted that he had remained in communication with the Chief Justice and government officials for the past eight years over issues concerning illegal mining and the Dikhow river.
Saikia has alleged that the July floods, which claimed more than 80 lives and affected lakhs of people across Sivasagar, Charaideo, Jorhat and Golaghat districts, were aggravated by administrative inaction despite earlier warnings and court directions.
He cited PIL No. 78 of 2018 and PIL No. 62 of 2019, which he had filed before the Gauhati High Court over alleged illegal and unscientific sand and stone mining in the Dikhow riverbed, particularly along the Assam-Nagaland border.
According to Saikia, the High Court issued directions in 2019 and reiterated them in 2022, including measures to prevent illegal mining and the constitution of a dedicated Mines and Minerals Task Force Battalion under the Department of Mines and Geology.
He alleged that the directions were not effectively implemented and that illegal mining continued in the riverbed.
Saikia also referred to a Water Resources Department report dated January 12, 2022, which, according to him, warned that continued excavation could alter the river’s course and lead to severe consequences.
“The Government must answer why it ignored judicial orders for eight years,” Saikia said, alleging that continued mining had weakened the river’s natural protective features and contributed to the scale of the flooding.
The petition also raises 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.
The court is also examining whether releases from upstream dams contributed to the flooding and whether adequate coordination mechanisms were in place between authorities in Assam and Nagaland.
During the hearing, the Chief Justice referred to a newspaper report claiming that Rs 25 crore had been spent on embankment construction and observed that the court should be apprised of preventive measures undertaken by the state authorities.
The court stressed the need to examine why recurring floods continue to cause widespread loss and hardship in Assam and sought details of measures taken to prevent such incidents.
Among the reliefs sought in the PIL are an immediate and permanent halt to illegal riverbed mining in the Dikhow and its tributaries, implementation of earlier High Court directions and constitution of a high-powered monitoring committee headed by a retired judge.
The petition also seeks a scientific assessment of the role of alleged illegal mining and dam releases in the 2026 floods, enhanced compensation for affected families, registration of FIRs against those allegedly responsible for illegal mining and official negligence, and a real-time coordination mechanism for upstream dam releases.
The respondents have been directed to file their counter-affidavits by November 3, 2026. The proceedings are expected to examine the administrative, environmental and inter-state factors alleged to have contributed to the flooding in Upper Assam.