Gauhati HC Seeks Forest Dept Affidavit on Alleged Illegal Sand Mining in Kapili River

Staff Reporter

Guwahati: The Gauhati High Court directed the Forest Department to file an affidavit by the next date in response to a public interest litigation (PIL) with allegations of illegal sand extraction in the guise of dredging the riverbed of the Kapili River in the Morigaon district.

The division bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury passed the direction while hearing the matter (PIL/49/2026), alleging illegal sand mining and digging of the riverbed, which the petitioners pointed out may lead to erosion and floods.

During the hearing, the advocate for the petitioner contended that this PIL has been filed in an attempt to protect the inhabitants of villages and institutions situated along the bank of the Kapili river, including Garubandha Gaon, Dankunda Gaon, Thengbangha Kali Mandir Gaon, Thengbangha L.P. School, Diparang Bazar Gaon, Barpark School, Baha Bazar and Bardalani School, etc.

According to the petition, the grievance of the residents of these villages stems from the continuous and alleged illegal sand extraction in the name of dredging the bed of the Kapili River. The illegal sand extraction has resulted in severe bank erosion, threatening the very existence of the residential houses, schools, religious institutions, cultivable land and local markets and thereby has disrupted the lives of nearby residents.

The writ petition further discloses that the Principal Chief Conservator of Forests, Assam, had initially issued a letter in the month of November, 2025, seeking approval for one-season dredging permission until April 30, 2026. Later, the Divisional Forest Officer, Nagaon, sought a No Objection Certificate (NOC) from the Executive Engineer, Morigaon Water Resources Division, in favour of the private party for sand extraction, and the NOC was granted on April 27, 2026. There were further communications in May 2026, aimed at extending the dredging period for another season up to July 27, 2027.

The contention of the petitioner is that these extensions are being given arbitrarily to the contractor without issuance of any NIT or any consultative process with the Inland Water Transport Department or other state authorities and also without following the existing legal norms or environmental safeguards.

Under the garb of dredging the riverbed, presumably under government permits, the petitioner claims that illegal extraction of sand is being done 24 hours a day using excavator machines and also that illegal dams are being raised to facilitate the process. The petition further alleges that no preventive measures are visible on the ground to address erosion or environmental harm.

It was also pointed out that, in addition to all these environmental and human consequences, the excessive in-stream sand mining would lower the river bed, which would lead to rapid erosion of the river banks. Ultimately, all of these factors will disrupt aquatic life and create conditions that could lead to flooding.

The Standing Counsel of the Forest Department sought time to respond to this petition by filing an appropriate affidavit.

The court directed that such an affidavit should be filed positively by the next date fixed for September 24, 2026.

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