The devastating deluge that submerged upper Assam’s Sivasagar, Charaideo, and Jorhat districts on July 19, before extending to Golaghat, has brought to light several new facts about the underlying causes of this tragedy. Through this article, I seek to warn the people of Assam about the powerful forces responsible for the indiscriminate plunder of natural resources—a plunder that has left lakhs of people in Upper Assam devastated and stripped of their homes and livelihoods.
I wish to highlight this issue by referring to an official letter.
On April 22 last year, Debabrata Saikia, the then Leader of the Opposition in the Assam Legislative Assembly and former MLA from the Nazira Assembly constituency, wrote to the Chief Secretary of the Government of Assam (Letter No. ALA/LOP/17/4581), seeking immediate intervention against the continuing illegal mining and quarrying in the Ougurijan Tea Estate under Nazira subdivision in Sivasagar district, the Bihubor-Ougurijan belt, and the bed of the Dikhow River.
In his letter, Saikia pointed out that despite repeated complaints over several years, judicial intervention by the Gauhati High Court, and extensive media coverage, these environmentally destructive activities continued unabated. He warned that illegal mining had caused severe ecological damage, weakened riverbeds, destroyed aquatic habitats, and posed a serious threat to nearby bridges as well as the safety of local residents.
Saikia further noted that BJP Morcha member Sujit Gowala, BJP Ward Member Pratap Singh Rajput, and BJP district office-bearer Pankaj Hajong had also participated in protests against these illegal activities. He stated that he had earlier informed former Forest Ministers Pramila Rani Brahma and Parimal Suklabaidya about the illegal extraction of sand and gravel, but the state government had paid no heed to these complaints.
In other words, had the Government of Assam acted with sincerity and foresight, it would have considered the lives and livelihoods of the indigenous communities living along the Assam-Nagaland foothills years ago. Had it done so, the people of Upper Assam might not have suffered the scale of devastation witnessed during the recent floods.
Saikia stated in his letter: “Furthermore, I approached the Gauhati High Court through a Public Interest Litigation (PIL No. 78/2018) against illegal mining near the Ougurijan stream, which resulted in the Division Bench directing the state authorities to consider the matter and take necessary steps. When the government wilfully failed to comply with subsequent High Court orders to constitute a High-Powered Committee and a Task Force Battalion to protect the fragile ecosystem of the Dikhow River, I filed a contempt petition (Case No. 66 of 2021) against the state’s top officials to ensure accountability. The continued ecological destruction is a direct result of the authorities turning a blind eye to these established legal and administrative interventions.
The persistence of these illegal operations has been further compounded by serious security lapses and administrative failures in the region. Local residents have repeatedly pointed out that unauthorized stone extraction in the Bihubor-Ougurijan Tea Estate area is taking place along the disputed Assam-Nagaland border. The administration has failed to provide adequate security, leaving local natural resources highly vulnerable.
Earlier attempts by the Assam administration to establish a border outpost in the area were met with resistance from suspected Naga miscreants who claimed the land as part of Nagaland. Instead of securing the territory, the administration retreated, emboldening these elements and enabling illegal operators to carry out massive ecological destruction with complete impunity.”
The government led by Dr. Himanta Biswa Sarma must now explain to the people of Assam what action, if any, it took on this letter submitted by Debabrata Saikia during his tenure as Leader of the Opposition.
Building upon the concerns raised by Saikia regarding the alleged “syndicate,” a number of important questions deserve answers.
Under Whose Patronage Is the Environmental Destruction Syndicate Operating?
In 2018, Debabrata Saikia approached the Gauhati High Court against the relentless extraction of sand and gravel from the Dikhow River. Yet, even today, the Government of Assam has failed to constitute the High-Powered Committee and Task Force ordered by the court. In effect, the government knowingly allowed the Dikhow River and the fragile ecosystem along the Assam-Nagaland foothills to be destroyed.
It is now widely reported that both open-cast mining and illegal rat-hole mining have been taking place in the upper reaches of the Dikhow River for many years.
It is worth recalling that in April 2014, acting on a Public Interest Litigation filed by the All Dimasa Students’ Union, the National Green Tribunal (NGT) imposed a temporary ban on rat-hole mining in Meghalaya. Subsequently, the Supreme Court upheld the NGT’s decision in State of Meghalaya vs. All Dimasa Students’ Union & Ors. (Civil Appeal No. 10720 of 2018). The apex court also issued directions regarding the auction of already extracted coal through Coal India Limited and ordered payment of environmental compensation.
When the question arose as to whether traditional tribal rights under the Sixth Schedule should be exempted from central environmental and mining laws, the Supreme Court made it clear that such traditional rights would not exempt mining activities from the provisions of the Mines and Minerals (Development and Regulation) Act, 1957, the Environment (Protection) Act, 1986, and the Water (Prevention and Control of Pollution) Act, 1974.
This raises an important question. If illegal rat-hole mining has been taking place in the upper reaches of the Dikhow River for years and the Assam government claims it had no knowledge of it, can the government now identify such mining as a major cause of the devastating floods while simultaneously initiating contempt proceedings against Nagaland for allowing activities that violate the Supreme Court’s directions?
Conversely, if open-cast mining has been carried out legally within Nagaland, was the Government of Assam fully aware of its environmental consequences? Can it hold the Nagaland government accountable for the downstream ecological damage? Or did all concerned parties become silent stakeholders in an illegal coal syndicate worth thousands of crores, leaving ordinary citizens to suffer and perish?
Perhaps the people of Sivasagar hesitated to ask such questions while watching coal-laden trucks pass through their district under the protection of influential political patrons.
Who will conduct a truly independent criminal investigation to determine whether this extensive network of illegal mining was responsible for the disaster? If the investigation is left solely to the Assam government, only a few minor offenders may be prosecuted. But who will bring to justice the powerful individuals who live in luxury while presenting themselves as pious and respectable members of society?
Who Is Guilty?
Many people in Assam, including us, believe that relentless mining in the hills of Nagaland and the indiscriminate extraction of sand and stone from the Dikhow River are among the principal reasons why the lives, livelihoods, homes, and agricultural lands of lakhs of people across Sivasagar, Charaideo, and Jorhat were devastated during this flood.
As early as 2023, residents of the Bihubor Tea Estate had submitted a memorandum to the Sivasagar district administration warning that continued stone and sand mining would eventually trigger a catastrophic disaster along the riverbanks if left unchecked. Similarly, the Sivasagar district branch of the Parivesh Suraksha Samitee alleged that the Forest Department had failed to act despite being fully aware of the illegal activities.
Driven by the monumental greed, insatiable appetite, and unchecked influence of an illegal syndicate, hundreds of people were left struggling for survival as floodwaters engulfed their homes. Today, an entire valley faces ecological ruin.
Will there now be a criminal investigation into those whose illegal actions contributed to this catastrophe?
I raise these questions for the consideration of the judiciary, an institution in which the people of this country continue to place their faith. I sincerely hope that the people of Assam will receive the justice they deserve.