JUDGMENT AND ORDER : Heard the petitioners and the respondents. 2. The Madhura riverbed has lots of granite mounds in Cachar district. The contractors who have been given the contract works for executing the construction of roads and other activities were indulging in quarrying the granite mounds in the riverbed. The haphazard and unscientific quarrying has resulted in flood situation many a time and erosion of the riverbed, which proved to be hazardous in agricultural activity and inhabitation no less. 3. The public spirited persons filed this petition for preventing/regulating the quarrying activity in the Madhura riverbed. 4. The Asom Janakalyan Samiti also filed a public interest litigation before this Court seeking direction to respondents not to mine in and extract stones from the Madhura riverbed PIL 18/2008. This Court allowed the petition. 5. The blanket ban on quarrying had resulted in deficiency of granite jelly and granites which are used for developmental activities. Therefore the Government filed two review petitions 115/2010 and 46/2011. This Court by order dated 8th January, 2013 in the former petition relaxed the condition and permitted limited activity of quarrying. The other two public interest litigations PIL 39/2014 and 3/2012 relate to the similar prayer for preventing/regulating the mining activity. This Court appointed an expert committee to study the ground situation and to report about the feasibility or otherwise of permitting the quarrying activity. 6. The high-power committee is constituted with professor G. Biswas, Director, IIT(G) as Chairman; professor Arup Kr Sarma, department of Hydrology, IIT(G) as Member; Sri R.L. Sanga, Conservator of Forests, NER MoEF as Member; and Sri S. Singh, Conservator of Forests, Southern Circle, Silchar as Convenor. 7. The committee was asked to give report on the following aspects. (i) Whether any kind of further exploitation of Madhura Stone Mahal is likely to cause imbalance in the environment and ecology of the local area? (ii) Whether it is likely to cause any kind of disastrous consequences on the habitants/residents who are living in the neighbourhood areas of Madhura river? (iii) What remedial steps are required to be taken so that such occurrence may not occur in future and everyone living in the area can live safely and the natural environment and ecology of the area is preserved? (iv) Whether exploitation of Madhura Stone Mahal may be permitted in the river bed and, if so to what extent and within what limits? (iv) Whether exploitation of Madhura Stone Mahal may be permitted in the river bed and, if so to what extent and within what limits? Further, what remedial measures are required to be taken to ensure that no adverse consequences may happen as a result of exploitation, if permitted? 8. The committee found the following impacts of aggregate mining on the riverbed. "1.1 Physical: The large-volume of material extraction from streambed, dredging below the existing streambed, and the alteration of shape and form of channel bed leads to several impacts such as (1) erosion of channel bed and undercutting/collapse of banks, (2) increase in channel slope, (3) change in flow velocity, (4) change in adjoining groundwater system such as lowering of ground water table and fast withdrawal of filtrated rainwater promoting effecting agriculture and slope failure (5) downstream erosion due to increased velocity of the stream, (6) downstream changes in patterns of deposition, and (2) changes in habitat type. 1.2 Water quality: Mining and dredging activities causes the change in water quality. Poorly planned uncontrolled dumping of overburden and chemical/fuel spills during the extraction of aggregates reduced water quality for downstream users which enhances the cost for downstream water treatment plants. It is also harmful for aquatic habitat. 1.3 Ecological: Mining which leads to re-suspension of streambed sediment, clearance of vegetation, and stockpiling on the streambed. These impacts may have an effect on the species attached to streambed deposits. It may increase the turbidity of the water and hence reduced light penetration which may lead to reduction of primary production". 9. The committee in para 4 of its recommendation has given the conclusions and recommendations, which are extracted herein below for convenient reference. "4. Conclusion and Recommendations Because of various requirements, boulder and gravel mining from the Madhura River, needs to be taken up in a sustainable manner. Based on our investigation following suggestions are laid down: (i) Further extraction of stone and gravel material from the Madhura River in unregulated and unscientific manner may disturb the ecology of the river and its nearby area. (ii) "River Bank Erosion" is one kind of disaster that the local area may experience if mining is done very close to the river bank. Another consequence is lowering of groundwater table, which can adversely affect the agriculture and livelihood. River mining also disturbs the aquatic lives. (ii) "River Bank Erosion" is one kind of disaster that the local area may experience if mining is done very close to the river bank. Another consequence is lowering of groundwater table, which can adversely affect the agriculture and livelihood. River mining also disturbs the aquatic lives. However, as the livelihood of the people of that locality is not dependant on the fishery etc., immediate disastrous effect is not seen in this regard. (iii) A detail study for ensuring sustainable mining need to be taken up by the Government of Assam. To reclaim the over-mined reaches of the river, check dams of appropriate height can be placed in suitable locations to enhance deposition of debris and to raise the bed level to its original un-mined level. This will also help in replenishing groundwater and will alleviate adverse effect on agriculture. The amount required for the purpose may be made available from the "Mines and Mineral Development, Restoration and Rehabilitation Fund" created under Chapter 11 of the Assam Minor Mineral Concession Rules, 2013. (iv) Considering the need of stone material for infrastructural developments of the Government, mining may temporarily be allowed on the following conditions: (a) To assess the quantity that can be mined sustainably, an extensive study with continuous field observation for several years is necessary. Study of entire catchment topography and its geology is also important. In absence of such study it is difficult to prescribe a sustainable mining volume. (b) It was informed that the mining of stone material can be carried out for about 16 km. length of the river. Allowing 2.00 km reach to be mined in a year on alternate basis from the un-mined reaches and considering average width of mining to be 30 m, but with at least 15 m margin from the each bank and depth of excavation from the un-mined level to be 1.00 m, but not below the water level, an yearly mining volume of 60,000 cubic meter can be permitted for Government infrastructural development purposes, subject to approved Mining Plan and Environmental Clearance from Environment Impact Assessment Authority (SEIAA) and as per provisions laid down in the Assam Minor Mineral Concession Rules, 2013. This will be further subject to the "No Objection" from the Chief Wild Life Warden, Assam". 10. Heard Sri SS Dey, the counsel for the petitioners in the public interest litigations. 11. This will be further subject to the "No Objection" from the Chief Wild Life Warden, Assam". 10. Heard Sri SS Dey, the counsel for the petitioners in the public interest litigations. 11. Upon consideration of the recommendations made by the expert committee we are of the view that it is just and proper that the public interest litigations be allowed in the terms of the recommendations in para 4 of the report of the expert committee. It is further directed that the Divisional Forest Officer of the southern circle in Silchar and his subordinate team, and the department of Mines and Geology based in Cachar district shall make periodical monthly visits to ensure that the quarrying activity is undertaken strictly in accordance with the recommendations of the expert committee, which is approved by the order of this Court. Accordingly the above petitions are disposed of.