JUDGMENT AND ORDER : U. Bhuyan, J. 1. Heard Mr. A. R. Sikdar, learned counsel for the petitioners, Mr. B. Goswami, learned Additional Advocate General, Assam assisted by Mr. S. Chutia, learned counsel and Mr. S. C. Keyal, learned Assistant Solicitor General of India assisted by Ms. P. Baruah, learned counsel. 2. This petition has been filed under Article 226 of the Constitution of India as a Public Interest Litigation (PIL) by 8 petitioners who are all residents of Barpeta district in the State of Assam seeking following reliefs: (i) To take immediate effective steps to prevent devastating erosion of Bahari, Pazarbhanga and adjoining areas of south eastern part of Barpeta district; (ii) To take appropriate steps for rehabilitation of the affected persons displaced by erosion; (iii) To initiate action against guilty officials responsible for misappropriation of Government funds allotted for execution of schemes for prevention of erosion and for failure to monitor effective implementation of schemes to prevent erosion. 3. According to the petitioners, the area in question i.e., Bahari, Pazarbhanga and other adjoining areas of Barpeta district have been badly affected by erosion of river Brahmaputra from time to time. Schemes were announced to prevent erosion or to reduce impact of erosion but those have not been successful. As a result, thousands of families have been displaced leading to loss of property and livelihood. Such displacement has also led to various other socio-economic fall outs. Particular reference has been made to two schemes undertaken in recent times including during the years 2004-05, 2007-08 and 2008-09 to contend that instead of utilization of such funds for the mandated purpose, those have been siphoned off by contractors in collusion with Government officials responsible for execution of anti-erosion measures in the area. It is in this context that present PIL came to be filed in the year 2013. 4. Notice in this case was issued on 08.4.2013. 5. An affidavit was filed by the Deputy Commissioner, Barpeta on 27.09.2013. In this affidavit he stated that a scheme was put into execution during the year 2007-08 to prevent erosion in the said area which was called “Immediate measures to protect Bahari Satra, Phulbari, Bhogerpar and its adjoining areas from the erosion of river Brahmaputra”. An amount of Rs.7.03 crores was sanctioned for execution of the said scheme. In this affidavit he stated that a scheme was put into execution during the year 2007-08 to prevent erosion in the said area which was called “Immediate measures to protect Bahari Satra, Phulbari, Bhogerpar and its adjoining areas from the erosion of river Brahmaputra”. An amount of Rs.7.03 crores was sanctioned for execution of the said scheme. When complaints were received regarding improper execution of the scheme and misappropriation of funds, enquiry was conducted by the Office of the Deputy Commissioner, Barpeta in the year 2009 itself and in the enquiry lot of anomalies were detected including technical flaws in the scheme and lack of commitment on the part of the concerned officials. It is admitted that the area from Bahari to Baghbor in Barpeta district covering a stretch of 36 kms is prone to erosion. A comprehensive scheme was prepared for protection of the aforesaid area from erosion of the river Brahmaputra by the Technical Advisory Committee of the Water Resources Department, Government of Assam. A detailed project report was submitted to the Central Water Commission for approval but approval was awaited. It is stated that erosion has not been incorporated as an item in the State Disaster Response Fund which is a hindrance to prompt assistance to erosion affected people. 6. An affidavit was also filed by the Secretary to the Government of Assam, Water Resources Department on 30.10.2013. In this affidavit also it is admitted that the scheme prepared during the year 2007-08 was not properly prepared and implemented. As per enquiry conducted by the Deputy Commissioner, Barpeta, 4 officials from Executive Engineer upto Assistant Engineer were identified for dereliction of duty and misappropriation of public money and they were accordingly suspended. Vigilance cases were also initiated against them. It is admitted that the scheme under-taken during the year 2007-08 as well as subsequent scheme for the year 2008-09 failed to achieve the desired result. The 4 officials were held responsible and accordingly departmental proceedings were initiated against them. 7. In the course of hearing, this court passed an order on 11.03.2016 appointing a Committee to examine as to whether effective steps were infact taken by the Government to prevent erosion in the area and whether steps so taken succeeded in preventing erosion. The 4 officials were held responsible and accordingly departmental proceedings were initiated against them. 7. In the course of hearing, this court passed an order on 11.03.2016 appointing a Committee to examine as to whether effective steps were infact taken by the Government to prevent erosion in the area and whether steps so taken succeeded in preventing erosion. The Committee was also requested to suggest as to what further steps should be taken by the State Government to redress the grievance of the public residing in the south eastern areas of Barpeta district facing erosion of the river Brahmaputra. The Committee comprised of Vice Chairman of Brahmaputra Board, Chief Engineer of Water Resources Department, Superintending Engineer of Central Water Commission and Professor of Civil Engineering Department, IIT, Guwahati. Relevant portion of the order dated 11.03.2016 reads as under:--- “The petitioners are the residents of village Bahari and other nearby villages located in South East Barpeta District. According to them, the area in which they reside has badly been affected by erosion due to flow of Barhmaputra River. The petitioners allege that although the Government have spent crores of rupees to prevent erosion, but due to corruption by officers, the ground situation has not improved. Learned Govt. Advocate has agreed that earlier some officers were in fact found to have indulged into corrupt practice and they have been chargesheeted. Learned Govt. Advocate, however, states that later effective steps have been taken to prevent erosion and these steps are reported to be successful. Whatever may be the situation, having regard to the averments made in the petition and the reply of the State Government, we deem it proper to appoint a Committee of following members- (i) Vice Chairman, Brahmaputra Board; (ii) Chief Engineer, Water Resources Department; (iii) Superintending Engineer, Central Water Commission; and (iv) Dr. Arup Kumar Sarma, Professor, Civil Engineering Department, I.I.T, Guwahati The Committee is requested to submit a report to this Court whether effective steps have in fact been taken by the Government to prevent erosion in the area in question and the steps taken have succeeded in preventing erosion. If needed, the Committee may also report what further steps should be undertaken by the State Government to address the grievances of public residing in South East Barpeta District in the matter of soil erosion. If needed, the Committee may also report what further steps should be undertaken by the State Government to address the grievances of public residing in South East Barpeta District in the matter of soil erosion. The report be submitted within eight weeks from the date of receipt of a copy of this order.” 8. The Expert Committee constituted by the Court as above visited the erosion affected area in Bahari and other adjoining areas of Barpeta district on 24.04.2016 and furnished report. One of the members of the Committee i.e., Dr. Arup Kumar Sarma, Professor, Civil Engineering Department, I.I.T, Guwahati could not accompany the Expert Committee during the field visit because of his pre-occupation which was explained to the Court and was accepted by the Court. 9. Chief Engineer, Water Resources Department has filed an affidavit on 07.04.2017. In this affidavit it is stated that Expert Committee made field verification visit on 24.04.2016 and assessed the entire situation. Committee observed that Water Resources Department, Government of Assam through the Barpeta Water Resources Division had undertaken scheme for an estimated amount of Rs.3628 lakhs for execution of anti-erosion measures in the said area during the year 2007. It was observed that many of the anti-erosion schemes were flanked out or engulfed by the river except a stretch of about 400 metres where bolder spur were used which could holdout against the rapid erosion. Committee reported that porcupine pillars, bars and screens were yielding good results and were successful in arresting erosion to a significant extent. Satellite images disclosed that magnitude of the problem of soil erosion has got substantially reduced. 9.1. On the basis of the report of the Committee, Chief Engineer, Water Resources Department is of the view that problem of erosion is faced by the area from Bahari to Pazarbhanga spanning an area of around 14 kms. 9.2. Affidavit further discloses that Technical Advisory Committee of the Water Resources Department had prepared 2 schemes, namely, (1) Protection of Bahari, Phulbari, Bhogerpar, Pazarbhanga and adjoining areas from the erosion of river Brahmaputra at an estimated cost of Rs.9009.27 lacs, and (2) Restructuring of Bundh/Dyke from Bahari to Bhogerpar including closing of breaches at Pazarbhanga and Manikpur areas along with channelization of River Brahmaputra and reclamation of eroded land within the breaches at an estimated cost of Rs.12486 lacs. 9.3. 9.3. Since these 2 schemes were lying pending, Central Water Commission suggested review of the 2 schemes. Accordingly, process is on for reviewing the 2 schemes and for preparing a composite scheme. In the meanwhile, another scheme of Rs.5.74 crores has been prepared by the Water Resources Department under the name and style of “Immediate measures to recoupment of flood damages at Bahari, Bhogerpar and Khuponibari areas of Brahmaputra dyke under SDRF for 2016-17”. 10. Petitioners have filed a number of reply affidavits disputing the narrative presented on behalf of the Water Resources Department, Government of Assam. They contend that no effective steps have been taken to save the people living on the bank of river Brahmaputra in the south eastern part of Barpeta district from erosion and the unfortunate consequences thereof including rendering the people homeless. 11. Submissions made by learned counsel for the parties have been considered. 12. After hearing learned counsel for the parties and on perusal of the materials on record, including the trajectory the case has taken during its pendency, we are of the view that order passed by this court on 11.03.2016 has considerably narrowed down the compass of the Public Interest Litigation (PIL). 13. From the affidavits it has come on record that implementation of the various anti erosion schemes has not been satisfactory till date. It has also come on record that there has been dereliction of duty and misappropriation of Government fund by some officials resulting in action against them. 2 schemes prepared by the Water Resources Department, Government of Assam as discussed above are presently being reviewed on suggestion made by the Central Water Commission; however in the meanwhile, another scheme has been prepared by the Water Resources Department, Government of Assam in the year 2016-17 for an amount of Rs.5.74 crores. It is submitted by Mr. Goswami, learned Additional Advocate General that in terms of the said scheme, present anti-erosion steps are been executed in the erosion affected area bringing erosion under control. It has also come on record that erosion/erosion affected people are not included in the list of natural calamities and as disaster victims for rendering of immediate assistance on account of natural calamities and disasters. 14. It has also come on record that erosion/erosion affected people are not included in the list of natural calamities and as disaster victims for rendering of immediate assistance on account of natural calamities and disasters. 14. On due consideration, we are of the view that it would be just and proper to close the PIL by issuing the following directions:- (1) Chief Engineer, Water Resources Department, Government of Assam shall co-ordinate with the Central Water Commission and the members of the Committee constituted by this court on 11.03.2016 to finalize the 2 schemes for protection of Bahari, Phulbari, Bhogerpar and adjoining areas from erosion and thereafter to commence execution of the 2 schemes to combat the problem of erosion in the said area. Central Government, Technical Advisory Board, Brahmaputra Board, Central Water Commission and all other authorities shall extend full cooperation to the Chief Engineer, Water Resources Department to finalize the aforesaid 2 schemes which in any case shall be finalized within a period of 6(six) months from today. (ii) In the meanwhile, present scheme which is being undertaken should be carried out with proper monitoring by the Chief Engineer, Water Resources Department, Government of Assam. (iii) Chief Engineer, Water Resources Department, Government of Assam shall inform the petitioners about the action taken against the erring officials and contractors within a period of 3(three) months from today. If the petitioners are aggrieved, or not satisfied with the action taken by the State against the erring officials and contractors, it would be open to the petitioners to approach the competent authority with their grievance for taking necessary steps in accordance with law. (iv) Government of Assam in the Water Resources Department shall forward necessary proposal to the Relief and Rehabilitation Department, Government of Assam to consider inclusion of erosion as a natural calamity/disaster as well as for inclusion of erosion affected people as disaster affected people for grant of relief and other forms assistance by the Government. 15. The above directions are accordingly issued. 16. With the above directions, this PIL is finally closed.