JUDGMENT : Achintya Malla Bujor Barua, J. Heard Mr. M.H. Laskar, learned counsel for the petitioners and Mr. D. Mazumdar, learned Additional Advocate General for the State of Assam appearing for all the respondents. 2. The petitioners herein are the President and Secretary of an organization namely, Human Welfare Organization, which is stated to be an NGO dealing in cultural affairs. It is also stated that the petitioner No.1 is the Secretary of the District Congress Committee of Cachar district. Be that as it may, without going into the background of the petitioners, we entertain this public interest litigation on the ground that issues of environmental degradation has been brought to the notice of the Court. 3. The petitioners are concerned with the stone mining activities that are being undertaken in the Jatinga river, which flows along the western boundary of the Borail Wildlife Sanctuary. The river is also been joined by several tributaries like Daku, Dimru, Dolu etc and ultimately the Jatinga river merges with the Barak river at a place called Jatinga Mukh in village Borkhola of Cachar district. The petitioners bring it to the notice of the Court that because of the haphazard mining activities being undertaken by the forest department through the lessees, who are settled with the settlement of contracts, the width of the river where the mining activities are taken place has widened. 4. Because of the widening of the river at the concerned places, the adjoining areas comprising of the Borail Wildlife Sanctuary as well as the National Highway which passes nearby and also the railway line are being seriously threatened to the extent that some erosions are going on in the area. 5. On the basis of the allegation made in the PIL as well as the submissions made by the learned Additional Advocate General for the State respondents, it is difficult to ascertain as to what extent the erosions are taking place and also the core cause of such erosions. But at the same time, if it is such that because of the haphazard manner in which the mining activities are being carried out results in erosion, the said assertion cannot be rejected straight away. 6. But at the same time, if it is such that because of the haphazard manner in which the mining activities are being carried out results in erosion, the said assertion cannot be rejected straight away. 6. In this PIL, the petitioners also assail an E-auction notice dated 09.10.2019 of the Divisional Forest Officer, Cachar Forest Division, Silchar, by which certain portions of the river Jatinga is sought to be settled for the purpose of stone mining. A rudimentary knowledge would indicate that the effect of a mining activity on the environment would depend upon in what manner the mining activities are being carried out. As a question is involved in this PIL as to whether the mining activities that are sought to be carried out through the E-auction would be detrimental to the environment causing erosions in the nearby area, we are of the view that the interest of justice would be met if a proper scientific study is conducted by the appropriate authorities for arriving at a conclusion as to whether any mining activity is permissible in the area concerned and secondly, if mining activities are permissible, how and in what manner such activities are required to be carried out and further up to which extent in the location such activities can be carried out. 7. For the purpose, Mr. D. Mazumdar, learned Additional Advocate General, Assam refers to the provisions of Rules-39 and 48 of the Assam Minor Mineral Concession Rules, 2013. Rules-39 and 48 are as follows:- "39. 7. For the purpose, Mr. D. Mazumdar, learned Additional Advocate General, Assam refers to the provisions of Rules-39 and 48 of the Assam Minor Mineral Concession Rules, 2013. Rules-39 and 48 are as follows:- "39. Following conditions shall be applicable for excavation of minor minerals from river beds in order to ensure safety of river-beds, structures and the adjoining areas: (i) No mining would be permissible in a river-bed up to a distance of five times of the span of a bridge on up-stream side and ten times the span of such bridge on down-stream side, subject to a minimum of 250 meters on the up-stream side and 500 meters on the down-stream side; (ii) There shall be maintained an un-mined block of 50 meters width after every block of 1000 meters over which mining is undertaken or at such distance as may be directed by the competent authority; (iii) The maximum depth of mining in the river-bed shall not exceed three meters measured from the un-mined bed level at any point of time with proper bench formation; (iv) Mining shall be restricted within the central 3/4th width of the river/rivulet; (v) No mining shall be permissible in an area up to a width specified by the competent authority from the active edges of embankments; (vi) Any other conditions as may be required by the competent authority in public interest. 48. Any mining operations under a mineral concession granted under these rules shall be undertaken by the mineral concession holder in accordance with a duly approved Mining Plan: Provided that the State Government may exempt certain specified nature of mining activities from the requirements of preparation of a mining plan." 8. Rule 39(i) provides that no mining would be permissible in a river-bed up to a distance of five times of the span of a bridge on up-stream side and ten times the span of such bridge on down-stream side, subject to a minimum of 250 meters on the up-stream side and 500 meters on the down-stream side. Rule 39(i) gives a clear depiction that up to the distance indicated therein, no mining activities can take place. Rule 39(iii) provides that the maximum depth of mining in the river-bed shall not exceed three meters measured from the un-mined bed level at any point of time with proper bench formation. Rule 39(i) gives a clear depiction that up to the distance indicated therein, no mining activities can take place. Rule 39(iii) provides that the maximum depth of mining in the river-bed shall not exceed three meters measured from the un-mined bed level at any point of time with proper bench formation. Rule 39(iv) provides that mining shall be restricted within the central 3/4th width of the river/rivulet. Rule 39(v) provides that no mining shall be permissible in an area up to a width specified by the competent authority from the active edges of embankments. Rule 48 on the other hand provides that any mining operations under a mineral concession granted under these rules shall be undertaken by the mineral concession holder in accordance with a duly approved Mining Plan, provided that the State Government may exempt certain specified nature of mining activities from the requirements of preparation of a mining plan. 9. The aforesaid provisions of the Rules are scrupulously required to be followed by the authorities whenever any mining activity is undertaken within a given river. But over and above the aforesaid statutory requirements, we are also of the view that even the topography and environmental condition of a particular location of the river needs to be studied further whether any mining activity would be permissible and sustainable in such area and secondly if permissible whether any other/further restrictions would be required for such activities. 10. If a given area would be unsustainable for any mining activity because of its topography and environmental condition, which may be fragile, a mere following the procedure of Rules-39 and 48 of the Assam Minor Mineral Concession Rules, 2013 would not make the given area sustainable for such mining operation. 11. Accordingly, in order to arrive at a conclusion whether the given location which is the subject matter of this PIL, would be suitable and sustainable, for the purpose of carrying out any mining activity, in our view, a further scientific study would be required. Such scientific study would have to arrive at a conclusion as to whether any mining activity that may take place in the given area would adversely affect the environment, including aggravating the problem of erosion. Such scientific study would have to arrive at a conclusion as to whether any mining activity that may take place in the given area would adversely affect the environment, including aggravating the problem of erosion. Accordingly, we require that the Director of Geology and Mining, Government of Assam who is the competent authority under the Assam Minor Mineral Concession Rules, 2013 to conduct a scientific study on the location, which is the subject matter of the present PIL and also of the E-auction notice dated 09.10.2019. Such scientific study would include a determination to be arrived as to whether any stone mining activity can take place within the concerned location and if it takes place, what environmental impact it would have on the surrounding areas, including the possibility of aggravating the problem of erosion. The scientific study that would be undertaken should also examine the aspect that if any mining activity would be permissible and sustainable for the present, up to what amount of the mining materials that can be removed from the location, beyond which further mining activity would be detrimental to the concern of environment. The view of the Director be clearly stated in the scientific study report that is to be made. Secondly, if upon a scientific study the conclusion arrived at is that stone mining activities can take place in the given location, the Director shall also look into as to in what manner the mining activities are to take place and further the exact location within the river where the mining activities may take place. In other words, the report shall have to specifically provide as to which of the areas within the river the mining activities can take place and up to what depth such mining activities would be permissible. 12. Under the notification No.S.O.1533 dated 14.09.2006 of the Ministry of Environment and Forests, Government of India, there is a requirement that in respect of the activities listed in the schedule to the notification, any activities thereon can take place only after the prior environmental clearance from the Central Government or as the case may be by the State Level Environmental Impact Assessment Authority, which may be duly constituted by the Central Government under Section 3(3) of the Environment (Protection) Act, 1986. The relevant provision of the notification is as under:- "Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986, read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 and in supersession of the notification number S.O.60 (E) dated the 27th January, 1994, except in respect of things done or omitted to be done before such supersession, the Central Government hereby directs that on and from the date of its publication the required construction of new projects or activities or the expansion or modernization of existing projects or activities listed in the Schedule to this notification entailing capacity addition with change in process and or technology shall be undertaken in any part of India only after the prior environmental clearance from the Central Government or as the case may be, by the State Level Environmental Impact Assessment Authority, duly constituted by the Central Government under sub-section (3) of section 3 of the said Act, in accordance with the procedure specified hereinafter in this notification. 13. As per the requirement of the notification of 14.09.2006, the Director of Geology and Mining after making the scientific study shall also cause a report of the study to be placed before the Central Government/State Level Environmental Impact Assessment Authority for its approval. 14. It is provided that the scientific study as indicated above be done and completed and the report be submitted by the Director of Geology and Mining within a period of one month from today. After submission of the report, necessary environmental clearance be obtained from the authorities as stated in the notification dated 14.09.2006. After the above requirement is duly completed, the respondent authorities may proceed with the E-auction notice dated 09.10.2019 strictly in accordance with the provisions of the Minor and Mineral Concession Rules, 2013 and also in strict terms of the report of the scientific study as provided hereinabove after being duly approved by the authorities concerned mentioned in the notification dated 14.09.2006. 15. It is also provided that if after the report is submitted and approved, any provisions of the E-auction notice dated 09.10.2019 is found to be in conflict with any of the provision of the report, the authorities shall suitably modify such provision and thereafter proceed with the tender process. 15. It is also provided that if after the report is submitted and approved, any provisions of the E-auction notice dated 09.10.2019 is found to be in conflict with any of the provision of the report, the authorities shall suitably modify such provision and thereafter proceed with the tender process. In terms of the above, the public interest litigation stands disposed of.