Order of the Gauhati High Court in the matter of North East Eco Development Society Vs The State of Assam & Others dated 17/03/2025.

In response to the direction given by the HC on December 18, 2024, an affidavit was filed on behalf of the government of Assam, Department of Housing and Urban Affairs wherein it was stated that the work for preparation of a GIS-based Comprehensive Drainage Master Plan and detailed report is in progress. It was also stated that 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 court was also informed that a revised inception report was submitted on December 26, 2024 and the same has been circulated to all the stakeholders for views and comments. K N Choudhury, senior counsel and Amicus Curiae in the PIL petition has submitted that some suggestions have been offered by a retired IAS officer who was the Chief Executive Officer of the Guwahati Metropolitan Development Authority (GMDA). The suggestions said that 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 also suggested that all the reserve forests within greater Guwahati should be made encroachment free and massive plantation drives should be taken by the forest department. It was further suggested that a survey be conducted in respect of all the non-miyadi patta lands and no big structure should be allowed on those lands. The HC was apprised of the fact that hill cutting is one of the reasons for flood problem in Guwahati. Though land is required for construction purposes, rampant hill cutting needs to be checked and stopped, the court was informed.

The HC expressed hope that the suggestions and views would be taken into consideration by the Assam government while preparing the master plan.

The HC asked the Advocate General of Assam 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 Assam. The Assam government was directed to submit the latest factual report.