Assam: Firms admit illegal constructions, agrees to rectification measures

Report on flash floods submitted in HC

Staff Reporter

Guwahati: The Gauhati High Court was informed in a report that unauthorised activities of certain industrialists and real estate developers in the southern part of Kamrup district have led to water channels being blocked and flooding occurring in new areas, causing problems for the residents and farmers in the area. The Commissioner, appointed for the purpose, informed in the report that construction of a dedicated canal, while some of the respondents admitted to their activities and agreed to rectify the situation.

The report was submitted during a hearing by Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury into a Public Interest Litigation (Case No.: PIL/53/2023) filed in light of serious environmental degradation and violation of fundamental rights allegedly caused by the illegal and unauthorized activities of certain industrialists/real estate developers in the southern part of Kamrup District, Assam.

The allegation is that in the recent past, the natural water routes have been blocked, and large-scale land-filling operations over agricultural lands as well as ecologically sensitive wetlands have been carried out. As a result of these activities, the natural flow of water has been obstructed, leading to frequent and uncontrolled artificial flooding in several areas. This has not only caused inconvenience to the public at large but has also created extremely unhygienic and unhealthy conditions for the residents of the affected regions. The blocking of water channels has directly impacted the natural water streams which connect with important water bodies, which has had a devastating effect on wetlands as well.

Considering the seriousness of the situation, an Advocate of this Court was appointed as a Commissioner to conduct a physical inspection/verification of the areas involved and submit a report before this Court in a sealed cover. The report has been submitted.

A perusal of the report, referred to above, indicated to the court that the allegations in the writ petition are correct. In fact, the Advocate Commissioner concluded that there were prima facie factual disclosures of stakeholders in the Kamrup district about their sufferings from artificial floods and waterlogging due to extensive conversion of low-lying areas, agricultural lands and natural water reservoirs to industrial lands by large-scale earth-fillings, leading to waterlogging and artificial floods in those areas.

A suggestion was given by the Advocate Commissioner that a dedicated canal connecting all the low-lying areas, including the areas/spots which were visited by him, which ultimately takes the excess water during the rainy season to Dora Beel and, then, ultimately to the river Brahmaputra will, to a large extent, resolve the issue of waterlogging and artificial floods in the whole area covering the affected villages.

Some of the respondents did not dispute the report of the Advocate Commissioner. However, some of the respondents admitted to having made some constructions, which had the effect of waterlogging and artificial flooding and which they are ready to rectify.

However, the court asked for the response of the state government on the plan of action contemplated for resolving the issue either with the state aid or by asking some respondents to carry out the remedial measures. The stance of the state would further be important for the reason that some steps have to be taken so that this problem does not recur in the future.

The court also requested that the Advocate General of Assam assist the court in this matter. The matter is to come up for consideration on August 29, 2025.

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