Guwahati: Development projects undertaken without proper planning and environmental safeguards can have serious consequences for Assam, senior advocate of the Gauhati High Court Kamal Nayan Choudhury said, calling for a “holistic approach” to development and stronger commitment from the state to protect the environment.
Speaking at a special lecture organised by environmental collective Dharitri Suraksha Mancha, Assam, in Guwahati, Choudhury said constitutional mandates relating to environmental protection were being violated “with impunity” in the name of development.
He particularly questioned the necessity of infrastructure projects in Guwahati, including the proposed flyover connecting Dighalipukhuri and Noonmati, and asked whether any expert assessment had established the need for such a project.
“I fail to understand what was the necessity of this flyover from Dighalipukhuri to Noonmati,” Choudhury said, questioning whether the government had made public any expert opinion recommending the project.
He said development planning must take into account the city’s drainage, land and ecological conditions. Guwahati, he noted, is now witnessing flooding in areas that had not traditionally experienced such problems.
“We never had floods on many of the roads because of the construction. We are having floods everywhere,” he said, arguing that infrastructure development without adequate planning could aggravate existing environmental problems.
‘State must have the will to address environmental concerns’
Choudhury said the Supreme Court had developed important principles and legal frameworks for environmental protection, but the actual implementation of these principles ultimately rested with governments.
“The Supreme Court can come up with ideas and principles to deal with a situation. But the execution is always left with the state,” he said.
If the government lacks sincerity and political will, he added, legal principles alone cannot adequately protect the environment.
Referring to the growing problem of artificial flooding in Guwahati, Choudhury recalled that he had earlier presented a newspaper report before the then Chief Justice, following which a public interest litigation (PIL) was registered.
He said that while expert intervention had been initiated, the scale of the problem required sustained action rather than short-term measures.
“Cleaning the drains in April is not good enough to ensure a flood-free Guwahati,” he said, stressing the need for immediate, medium-term and long-term measures.
Raises concerns over dilution of forest protection
Choudhury also expressed concern over what he described as the dilution of forest protection laws through executive measures.
Referring to the Forest (Conservation) Act, 1980, he said non-forest activities in forest areas require prior approval of the Central government, but alleged that the effectiveness of the legal safeguards had been weakened through executive action.
He said the consequences of such dilution were already visible and urged citizens to understand their constitutional responsibilities towards environmental protection.
Cites Dighalipukhuri flyover litigation
Choudhury also referred to litigation concerning the proposed removal of trees in Guwahati, in which he had represented the organisation involved in the case.
He said the Gauhati High Court had initially closed the matter after the government gave an undertaking that trees would not be felled and that the alignment of the flyover would be changed.
According to Choudhury, the undertaking stated that one arm of the flyover would end at Lamb Road and the other near Roopnagar Road. He alleged that the project was subsequently extended beyond the terms of the undertaking.
He said the matter was brought to the notice of the High Court after the alleged deviation from the undertaking, raising questions about compliance with assurances given to the court.
‘Environment protection is a constitutional duty’
Choudhury invoked Article 48A of the Constitution, which directs the State to protect and improve the environment and safeguard forests and wildlife.
He also referred to Article 51A(g), which makes it a fundamental duty of citizens to protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
“We all have to join hands if we have to protect the environment,” he said.
He argued that environmental protection could not be treated as the sole responsibility of courts or governments and required active participation from citizens.
Supreme Court principles on environmental protection
Choudhury referred to several landmark environmental cases to underline the evolution of environmental jurisprudence in India.
He mentioned the M.C. Mehta litigation following the Bhopal gas tragedy and the Rural Litigation and Entitlement Kendra case concerning mining in the Dehradun-Mussoorie region.
He also highlighted the Supreme Court’s recognition of the precautionary principle and the polluter pays principle in Vellore Citizens’ Welfare Forum v. Union of India.
According to Choudhury, the polluter pays principle means that those responsible for environmental damage must bear the cost of preventing and remedying that damage.
He also referred to the T.N. Godavarman Thirumulpad forest cases, describing them as crucial to forest protection in the Northeast.
Choudhury pointed out that Assam had historically had a distinct forest regulatory framework. He noted that the Assam Forest Regulation, 1891 predates the Indian Forest Act, 1927, and reflected the distinctive forest administration of the region.
‘Illegal mining contributed to man-made disasters’
Choudhury also spoke about recent disasters in Assam, arguing that some events described as natural calamities have significant human-made components.
He attributed environmental degradation and disasters in part to activities such as illegal coal mining and illegal sand mining, and questioned the adequacy of warnings and preventive action by authorities.
He said environmental authorities must look beyond describing disasters as natural phenomena and examine the human activities that contribute to them.
Calls for planned, long-term development
Choudhury said Assam’s development model needed to be reassessed to account for its ecological vulnerabilities, particularly in Guwahati.
He cited the construction of major road infrastructure and the resulting changes in drainage and flooding patterns as examples of why development projects must be preceded by proper assessment and planning.
“Construction and development without proper planning is very dangerous,” he said.
He called for a combination of immediate, medium-term and long-term interventions instead of isolated measures, stressing that environmental problems cannot be solved overnight.
Choudhury concluded by reiterating that protecting the environment requires both constitutional commitment and political will, with governments, courts and citizens sharing responsibility for safeguarding Assam’s ecological future.