Dismissed

Mairing Johori v. State of Assam

NGT8 May 2026Original Application No. 111/2026

Case brief

AI extract

What is this about?

The National Green Tribunal Eastern Zone Bench addressed an original application concerning alleged illegal riverbed stone extraction and blasting near the Lower Kopili Hydroelectric Project dam. Based on the appearance of the applicant but the failure to produce supporting documentary evidence, the court dismissed the application as withdrawn.

What did the court decide?

The present original application is dismissed as withdrawn with liberty to file fresh Original application on the same cause of action.

Mairing Johori vs State of Assam — Environment and Pollution | NGT (2026)

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Item No.03

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.111/2026/EZ

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Mairing Johori & Anr. Applicants

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Versus

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State of Assam & Ors. Respondents

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Date of hearing: 08.05.2026

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE MR. ISHWAR SINGH, EXPERT MEMBER

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Applicant: Mr. Mairing Johori, the applicant in person (through VC).

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ORDER

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The applicants-Mr. Mairing Johori and Mr. Manthan Kemprai jointly have sent the present letter petition dated 20.01.2026 to this Tribunal by email dated 22.01.2026, which has been treated and registered as O.A. No. 111/2026/EZ for exercise of suo-motu jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and others, (2022) 13 SCC 401 .

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The relevant part of the letter petition enumerating grievances of

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the applicant is reproduced as below:-

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“Subject:Urgent complaint seeking immediate stoppage and Fast-Track Investigation into illegal blasting and riverbed stone extraction at the downstream area adjoining the dam structure of the 120 MW Lower Kopili Hydroelectric Project (APGCL) at Longku, Dima Hasao, Assam, by M/s Larsen & Toubro (L&T-HCIIC)

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Hon’ble Sir,

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With due respect, the undersigned signatories on behalf of the All Dimasa Students’ Union Central Committee, and in the larger interest of environmental protection, public safety, and inter-generational equity,

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we respectfully submit this urgent complaint seeking immediate intervention of the Hon’ble National Green Tribunal regarding ongoing illegal drilling, blasting, breaking, and extraction of riverbed stones allegedly being carried out by M/s Larsen & Toubro- HCI-IC, the EPC contractor for the 120 MW Lower Kopili Hydroelectric Project (LKHEP) of Assam Power Generation Corporation Limited (APGCL) at Longku, Dima Hasao District, Assam.

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The project has been under execution since mid-2021 and is presently nearing completion.

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1. Nature of Environmental Violations (Prima Facie) Based on site observations and documentary evidence in the form of photographs and video recording on 18^th January 2026 (annexed herewith), it is observed that:

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➢ Drilling, Blasting, breaking, and extraction of riverbed stones are being conducted in the downstream zone adjoining the dam structure, which is constructing by L&T-HCI-IC.

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➢ The extracted materials are allegedly being utilized directly in dam construction works.

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➢ The activity appears aimed at expediting project completion and reducing material procurement costs, reportedly to meet completion targets before the Assam Assembly Elections, 2026.

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➢ These activities are occurring within the active river channel and the immediate hydraulic influence zone of the dam (approximately within 100 meters), an ecologically sensitive and strictly regulated area.

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Such actions pose serious environmental, hydrological, and structural safety concerns.

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2. Apparent Violations of Environmental Laws and NGT Directions

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The above activities prima facie violates the provisions of:

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➢ Environment (Protection) Act, 1986

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➢ EIA Notification, 2006

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➢ Sustainable Sand Mining Management Guidelines, 2016

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➢ Enforcement & Monitoring Guidelines for Sand Mining, 2020

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➢ Binding orders of the Hon’ble NGT prohibiting riverbed mining, blasting, and extraction near dams, bridges, and hydraulic structures.

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Blasting and extraction of riverbed material in proximity to a dam mandatorily require statutory permission including Environmental Clearance, Mining/Quarry Permit, Consent from pollution Control Board, Geological clearance, and Dam Safety approvals. No such permissions have been publicly disclosed or displayed at the site.

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3. Serious Public Safety and Environmental Risks

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Unregulated riverbed extraction downstream of a dam can result in:

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➢ Weakening of foundation and structural safety buffers of the dam;

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➢ Alteration of river morphology and sediment transport balance;

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➢ Accelerated riverbank erosion and channel instability;

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➢ Increased downstream flood vulnerability;

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➢ Serious threats to human life, agriculture, infrastructure, and biodiversity. The Kopili River is a tributary of the Brahmaputra River system, and any destabilization has far-reaching downstream implications affecting populations running into crores across the Kopili-Barak-Brahmaputra basins.

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4. Concerns Regarding Institutional Oversight and Funding

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Safeguards

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It is deeply concerning that such activities appear to be continuing without effective regulatory intervention, raising questions regarding:

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➢ Adequacy of supervision by the Project Management Consultant (PMC) deployed by APGCL and other competent authorities;

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➢ Compliance with environmental and social safeguard norms applicable to externally funded infrastructure projects, including those financed by multilateral agencies such as the Asian Development Bank (ADB), if applicable.

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Independent verification is urgently required to ensure that no regulatory lapses or safeguard violations are occurring.

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5. Prayer for Immediate and Fast-Track Relief

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In view of the urgency, gravity, and potential irreversible consequences, the Applicant most respectfully prays that the Hon’ble Tribunal may kindly be pleased to:

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I. Direct immediate stoppage of all blasting, breaking, and

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extraction of riverbed stones at and around the downstream area of the LKHEP dam site.

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II. Constitute a High-Level Fast-Track Investigation Committee comprising representatives from:

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a. Assam Pollution Control Board.

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b. Regional Office, MoEF & CC (Shillong).

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c. Geological Survey of India/Dam Safety Experts.

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d. Water Resources Department.

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e. District Administration.

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III. Call for and examine all statutory approvals and permissions, if any, relating to:

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a. Riverbed stone extraction

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b. Blasting operations

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c. Utilization of extracted materials in dam construction.

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IV. Fix responsibility and impose environmental compensation and penalties, if violations are established.

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V. Direct immediate remedial, restoration, and risk-mitigation measures for any damage caused to the river ecosystem and downstream stability. VI. Pass any other order(s) deemed fit in the interest of environmental protection, dam safety, and public interest.

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6. List of Annexure

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a. Photographs of riverbed stone extraction.

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b. Loading and Transporting by Tippers.

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c. Video footage (time stamped).

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d. Location map showing proximity to dam. We humbly request the Hon’ble Tribunal to treat this matter as extremely urgent, considering the imminent environmental risks and potential threat to public safety across downstream regions. Thank you for your time and consideration.”

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The applicant no. 1 has appeared today but the applicants have not

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produced the material available with them in support of the averments made in the letter petition which has been treated as Original Application.

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Applicant no. 1 has stated that applicants may be allowed to withdraw the present Original Application with liberty to file fresh Original application on the same cause of action in the prescribed format with requisite factual details by impleading necessary parties and enclosing copies of relevant documents.

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In view of the above, the present original application is dismissed as withdrawn with liberty as aforesaid.

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Arun Kumar Tyagi, JM

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Ishwar Singh, EM, EM

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May 08^th , 2026 Original Application No.111/2026/EZ SN

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Mairing Johori v. State of Assam

Case brief

What is this about?

What did the court decide?

Mairing Johori v. State of Assam

Case brief

What is this about?

What did the court decide?

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