Gauhati High Court Directs Assam Govt To Show Steps Taken To Combat Problem Of 'Rampant' Hill Cutting

The Gauhati High Court recently asked Assam Government to place on record measures taken by it to tackle the problem of "hill cutting" in greater Guwahati and surrounding areas as well as other areas in the state. 

The division bench comprising the Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair was hearing a PIL highlighting the issue of encroachments and cutting of hills which it said, leads to artificial floods and land-slide.

"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. List the matter after four weeks. On the next date, the latest factual report be filed by the State of Assam," the court said. 

In an affidavit y the Department of Housing and Urban Affairs through its Secretary filed pursuant to the Court's December 18, 2024, it was stated that the work for preparation of a GIS-based Comprehensive Drainage Maser Plan and Detailed Report is in progress.

It was also stated 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.

It was further stated that a revised Inception Report was submitted by the consultant on December 26, 2024 and the same has been circulated to all the stakeholders for views and comments.

Senior advocate K.N. Choudhury appointed as Amicus Curiae in the matter, 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).

“In those suggestions, mainly it is suggested 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 is 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 is 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 Court notes in its order. 

It was highlighted by the amicus that hill cutting is one of the reasons for floods in Guwahati. It was also contended that though the land is required in connection with construction purposes, rampant hill cutting is to be checked and stopped.

“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,” the Court said.

The Court directed to list the matter after four weeks.

Case Title: North East Eco Development Society v. The State of Assam & 3 Ors.

Case No.: PIL/14/2024

Click Here To Read/Download Order