Alleging that the devastating flood situation across three districts of Upper Assam is a direct consequence of the State Government’s persistent violation of mandatory legal directives issued by the Gauhati High Court, the Legal Cell of the Assam Pradesh Congress Committee (APCC) has filed a petition seeking the intervention of the Chief Justice of the Gauhati High Court.
According to the Legal Cell, based on multiple Public Interest Litigations (PILs) and a review petition filed earlier, the High Court had issued clear directives to protect the Dikhow River basin, formulate a master plan, and deploy a Task Force Battalion to curb illegal mining. However, due to gross administrative negligence, these judicial directives were never implemented. Consequently, unregulated mechanized mining destroyed the natural ecological defenses of the rivers, triggering catastrophic floods in Sivasagar, Charaideo, and Jorhat districts.
The petition explicitly states that this disaster is not a natural calamity, but a man-made catastrophe resulting from government apathy, complicity in illegal sand and stone mining, and the uncoordinated, sudden release of water from upstream dams in Nagaland and Arunachal Pradesh. Furthermore, it brings to the court’s attention that pushing for mega hydroelectric power projects worth Rs 77,353 cror without downstream environmental safety audits or inter-state early warning systems will condemn the public to perennial flooding.
Through this petition, the Congress party demands that instead of token relief, the government must be held liable under the principles of ‘Constitutional Tort’ and ‘Strict Liability’ to provide full restitution to flood victims for loss of homes, crops, and livestock.
Additionally, the party demands the implementation of a special rehabilitation project for the Dikhow River basin utilizing District Mineral Foundation Trust (DMFT) funds, a moratorium on proposed hydroelectric projects until a court-monitored independent expert committee completes an assessment, and a transparent explanation from the government as to why the Forest Task Force was never deployed.
The APCC Legal Cell also affirmed its solidarity with the public during this crisis, stating that it will continue its struggle from the streets to the courtrooms to ensure those responsible for manufacturing this disaster are brought to justice.
