Gauhati High Court admits PIL over July 2026 Upper Assam floods

The Gauhati High Court has admitted a Public Interest Litigation (PIL) filed by former Leader of the Opposition and ex‑Nazira MLA Debabrata Saikia concerning the devastating floods that struck Upper Assam in July 2026. The court has directed the governments of Assam and Nagaland, along with other concerned authorities, to file detailed affidavits by 3 November 2026.

The petition seeks judicial scrutiny of factors that may have contributed to the floods, including alleged illegal sand and stone mining in the Dikhow riverbed, activities in Nagaland catchment areas, and the release of water from upstream dams. Saikia has alleged that prolonged administrative inaction, despite earlier warnings and court directions, aggravated the disaster that claimed more than 80 lives and affected lakhs of people across Sivasagar, Charaideo, Jorhat and Golaghat districts.

Saikia told the court he had earlier filed PIL No. 78 of 2018 and PIL No. 62 of 2019 raising concerns about unscientific mining in the Dikhow, and that the High Court issued directions in 2019 and reiterated them in 2022, including orders to prevent illegal mining and to constitute a dedicated Mines and Minerals Task Force Battalion. He alleges those directions were not effectively implemented and cited a Water Resources Department report dated 12 January 2022 warning that continued excavation could alter the river’s course.

The petition also raises concerns about alleged open‑cast coal mining in Nagaland’s Mon, Mokokchung and Wokha districts and questions whether releases from the Doyang Hydro Electric Project upstream contributed to downstream flooding in Assam. A central issue for the court is whether adequate coordination existed between Assam and Nagaland authorities over upstream dam releases.

During the hearing the Chief Justice noted the petitioner’s long‑standing engagement with the court and officials on these issues and asked the state to detail preventive measures, referring to a report that Rs 25 crore had been spent on embankment construction. The court emphasised the need to examine why recurring floods continue to cause widespread loss and hardship and sought information on steps taken to prevent such incidents.

Saikia’s PIL seeks immediate and permanent cessation of illegal riverbed mining in the Dikhow and its tributaries, implementation of earlier High Court directions, constitution of a high‑powered monitoring committee headed by a retired judge, scientific assessment of the roles of illegal mining and dam releases in the 2026 floods, enhanced compensation for affected families, registration of FIRs where warranted, and a real‑time coordination mechanism for upstream dam releases. The court will consider the affidavits and other evidence as the matter proceeds.

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