“Hill Cutting Among Key Contributors to Guwahati Flooding; Gauhati High Court States ‘Rampant Hill Cutting Is to Be Checked and Stopped’ and Seeks Action Plan from Assam Government”
Sanchayita Lahkar
The Gauhati High Court Division Bench comprising Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair has directed the State Government of Assam to place on record the measures it has adopted to address the issue of hill cutting in and around Guwahati and other areas of the State, observing that the activity is one of the contributing factors to the flood problem in the region. The Court, while hearing a public interest litigation, also directed the State to continue with the preparation of a GIS-based Drainage Master Plan and Detailed Report to address stormwater drainage issues in the city.
The proceedings relate to a Public Interest Litigation initiated by the North East Eco Development Society, represented by its Secretary, Biswajit Saikia. The petition was filed against the State of Assam and three other respondents, namely the Principal Secretary to the Government of Assam, Revenue and Disaster Management Department; the Chief Executive Officer, Assam State Disaster Management Authority; and the Divisional Forest Officer, East Kamrup Division. The matter pertains to environmental concerns within Guwahati city, primarily focusing on drainage issues and related environmental degradation.
Following a direction issued by the court on 18 December 2024, the Government of Assam, through the Department of Housing and Urban Affairs, submitted an affidavit detailing progress in relation to the development of a Comprehensive Drainage Master Plan. According to the affidavit, “the work for preparation of a GIS-based Comprehensive Drainage Maser Plan and Detailed Report is in progress.” It further mentions that “currently, the work related to the topographical survey and detail inventory of the existing storm water drain for preparation of the Master Plan in consultation with all the concerned departments and preparation of the Detailed Project Report for the Bahini river sub-basin is in progress.”
The affidavit also discloses that “a revised Inception Report was submitted by the consultant on 26.12.2024 and the same has been circulated to all the stakeholders for views and comments.” The details provided indicate that the authorities have commenced multi-departmental consultations for advancing the development of the drainage system within Guwahati.
Senior Advocate K.N. Choudhury appeared for the petitioner, supported by Advocate S.U. Ahmed. For the State respondents, Advocate General D. Saikia appeared along with Advocates P. Barua, N. Bordoloi, and Junior Government Advocate S. Sarma. In addition to representing the petitioner, K.N. Choudhury was engaged as Amicus Curiae to assist the court on broader aspects concerning flood management and hill cutting issues in Guwahati.
Mr. Choudhury submitted to the court recommendations authored by a retired IAS officer, who previously served as the Chief Executive Officer of the Guwahati Metropolitan Development Authority (GMDA). These recommendations were produced before the court and formally recorded, with copies furnished to the Advocate General.
The court recorded that the suggestions submitted proposed interim restrictions on certain developmental activities in the region. According to the document presented by the Amicus Curiae, “hill cutting permission and building permission in the low lying areas be not issued for a period of at least three years or till effective steps are taken to tackle the flood problem in Guwahati.” It was further proposed that “all the reserve forests within greater Guwahati should be made encroachment free and massive plantation drives should be taken by the forest department.”
The suggestions also recommended conducting a land survey and regulating structural developments in specific categories of land. The court recorded that it was proposed “that a survey be conducted in respect of all the non-miyadi patta lands and no big structure should be allowed on those lands.”
During the hearing, it was submitted by Senior Advocate K.N. Choudhury and Advocate General D. Saikia that “hill cutting is one of the reasons for flood problem in Guwahati.” Both counsels informed the court that while land is often required for construction and developmental activities, “rampant hill cutting is to be checked and stopped.”
The court observed that it expects the State to consider the aforementioned suggestions while preparing the Master Plan. The Bench noted, “We hope that the suggestions and views offered by the above-referred retired I.A.S. officer, who was the Chief Executive Officer of the GMDA, shall be taken into consideration by the State Government objectively while preparing the Master plan as suggested in the latest affidavit.”
Additionally, the Bench made a specific request to the State’s Advocate General, directing attention to the issue of hill cutting across Guwahati and the wider region. The court recorded, “At the same time, we request the learned Advocate General of the State to place on record the measures, which have been adopted by the State Government to tackle the hill cutting problem in the greater Guwahati and its surrounding areas, including other areas in the State of Assam.”
The court concluded the hearing by scheduling the matter for further proceedings after four weeks and required a factual update from the State of Assam. The order states, “On the next date, the latest factual report be filed by the State of Assam.”
Advocates Representing the Parties
For the petitioner: Mr. K.N. Choudhury Senior Advocate, Mr. S.U. Ahmed Advocate
For the respondents: Mr. D. Saikia Advocate General Assam, Ms. P. Barua Advocate, Ms. N. Bordoloi, Standing Counsel Revenue, Ms. S. Sarma Junior Government Advocate Assam
Case Title: North East Eco Development Society v. The State of Assam and 3 Ors.
Neutral Citation: GAHC010033122024
Case Number: PIL/14/2024
Bench: Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair
[Read/Download order]
