Gauhati High Court admits Debabrata Saikia PIL on Sivasagar floods, seeks replies from Assam, Nagaland governments

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

During the hearing, the Chief Justice observed that the concerns raised by Saikia were genuine and noted that the petitioner had remained in communication with the Chief Justice and government officials over the past eight years on issues concerning illegal mining and the Dikhow river.

The petition seeks judicial scrutiny into the factors that contributed to the floods, including alleged illegal mining in the Dikhow riverbed, activities in the Nagaland catchment areas and the release of water from upstream dams.

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 prolonged administrative inaction despite earlier warnings and court directions.

According to Saikia, he had filed PIL No. 78 of 2018 and PIL No. 62 of 2019 before the Gauhati High Court, raising concerns over alleged illegal and unscientific sand and stone mining in the Dikhow riverbed, particularly in areas along the Assam-Nagaland border.

He said the High Court had issued directions in 2019 and subsequently reiterated them in 2022, including directions relating to the prevention of illegal mining and the constitution of a dedicated Mines and Minerals Task Force Battalion.

Saikia has alleged that these directions were not effectively implemented and that illegal mining continued in the riverbed. He also referred to a Water Resources Department report dated January 12, 2022, which, according to him, had warned that continued excavation could alter the course of the river and lead to severe consequences.

“The Government must answer why it ignored judicial orders for eight years,” Saikia said, alleging that the continued mining activity weakened the natural protective features of the river and contributed to the scale of the flooding.

The petition 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.

A key issue before the court is whether the release of water from upstream dams contributed to the flooding and whether adequate coordination mechanisms were in place between the concerned authorities in Assam and Nagaland.

During the hearing, the Chief Justice also 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 the preventive measures undertaken by the state authorities.

The court emphasised the need to examine why recurring floods continue to cause widespread loss and hardship in Assam and sought details of the measures taken by the authorities to prevent such incidents.

Saikia's PIL has sought several measures, including an immediate and permanent halt to illegal riverbed mining in the Dikhow and its tributaries, implementation of the earlier High Court directions, and the constitution of a high-powered monitoring committee headed by a retired judge.

The petition also seeks a scientific assessment of the role of illegal mining and dam releases in the 2026 floods, enhanced restorative compensation for affected families, registration of FIRs against persons allegedly responsible for illegal mining and official negligence, and a real-time coordination mechanism for upstream dam releases.

The High Court has directed the concerned parties to submit their counter-affidavits by November 3, 2026. The proceedings are expected to examine the administrative, environmental and inter-state factors that may have contributed to the unprecedented flooding in Upper Assam