JUDGMENT : R.M.Chhaya, J. The present petition is filed in the form of Public Interest Litigation (PIL) by an organization functioning at Dibrugarh and other residents of Tinsukia District of Assam, wherein the following main prayers are made: “………… your Lordships may be pleased to direct the respondent authority to release necessary finds to the Integrated Flood and River Bank Erosion Management Works at Rohmoria and the Anti Erosion measures to protect Bar-Derak, Na-Chumani and its adjoining areas from the erosion of river Na-Dehing and Dirak, within a definite time frame, so as to protect the people of Dibrugarh and Tinsukia district from the menace of flood and erosion, and/or to pass such order/orders as your Lordships may seem fit and proper in the facts and circumstances of the case.” 2. The main plank of the challenge in this petition by way of this Public Interest Litigation is to draw attention of this court to the fact that the respondent authorities are not taking any action for controlling or eradicating flood erosion caused by the river Brahmaputra affecting the people of Dibrugarh and Tinsukia District. It is also alleged that there is clear violation of the provisions of Flood Management Programme guidelines and other laws, which has violated Article 21 of the Constitution of India. 3. The petitioners have brought on record the full historical background of the entire Brahmaputra valley, the effect of devastating earthquake that took place in the year 1950 and the fact that the temporary measures taken by the authorities to control the erosion of a large magnitude did not work. It is also brought on record that in the year 2009-2010 the situation got aggravated which resulted into taking a policy decision by the respondent authorities by way of floating a pilot project namely “Emergent measures for protection of Rohmoria area in Dibrugarh District”, which was started in the month of January, 2011 under the 11th Plan with application of new techniques to arrest erosion by use of geo-bags, geo-mats, gabions, PVC coated wire-boxes, etc. for a reach of 2.6 kilometers out of total 9 kilometers of affected area, which was completed at a project cost of Rs. 59.81 Crore in March, 2012. for a reach of 2.6 kilometers out of total 9 kilometers of affected area, which was completed at a project cost of Rs. 59.81 Crore in March, 2012. The petitioners have also brought on record the relevant correspondences between the petitioners and the respondent authorities from 2012 to 2017, which show that a scheme namely “Integrated Flood and River Bank Erosion Management Works at Rohmoria” was in fact formulated by the respondent authorities. In this regard, petitioners have relied upon a communication dated 14.09.2016 addressed by the Director, Central Water Commission, Flood Management Planning Etc., Government of India, addressed to the member of the petitioner organization. It is the case of the petitioners that, again, vide a representation dated 16.01.2017 the petitioner organization made a formal request to the Hon’ble Minister (State) for Water Resources, Government of India, for release of funds to the tune of Rs. 78.48 Crore for the aforesaid Integrated flood and Riverbed Erosion Management works, at Rohmoria, and another amount of Rs. 14.141 Crore for the scheme, namely, “Anti Erosion measures to protect Bar-Dera, Na-Chumani and its adjoining areas from the erosion of river Na-Dehing and Dirak”. The said request was replied by the concerned authority of the Government of India, Ministry of Water Resources, vide communication dated 14.09.2017 intimating that the Investment Clearance Committee in its 6th meeting held on 05.05.2017, had taken a decision recommending funds for the aforesaid two schemes. The petitioners have also referred to and relied upon the communication dated 30.01.2018, addressed by the Superintending Engineer (P), Ministry of Water Resources, River Development and Ganga Rejuvenation, to the Commissioner (FM), Ministry of Water Resources, River Development and Ganga Rejuvenation, as regards the proposal for the said two schemes. The petitioners have also relied upon the letter dated 15.03.2018, addressed by the then Hon’ble Chief Minister, Assam, to the Hon’ble Minister, Water Resources, Government of India requesting for financial sanction for the aforesaid Integrated Flood and River Bank Erosion Management Works at Rohmoria area. It is averred by the petitioners that the one of the petitioners himself met the Secretary, Ministry of Water Resource & Chairman, Brahmaputra Board, at New Delhi, on 20.03.2018 requesting them to release funds for the aforesaid two projects. It is averred by the petitioners that the one of the petitioners himself met the Secretary, Ministry of Water Resource & Chairman, Brahmaputra Board, at New Delhi, on 20.03.2018 requesting them to release funds for the aforesaid two projects. The petitioners have also contended that in the year 2010 a Public Interest Litigation, being PIL No. 63/2010, was filed which came to be disposed of on 09.11.2017 with certain observations and directions for implementation and execution of the recommendation of the expert team. It is alleged that the observations made by this court have not been carried out which has resulted into even casualties. It is also alleged that funds are still to be released by the respondent authority for the aforementioned two projects because of which the people of Dibrugarh and Tinsukia continue to suffer from flood and erosion and, in such circumstances, the present PIL is filed with the prayers set out hereinabove. The petitioners have also relied upon the minutes of the meetings of the Technical Advisory Committee, letters written by the authorities and so also the details of the projects which are averred in the petition. The petitioners have also brought on record materials to show that because of shortfall in the release of funds, the projects could not see the light of the day. The petitioners have also brought on record the effects of the non-implementation of the projects which resulted into casualties for the people of the Dibrugarh and Tinsukia districts. On the aforesaid premises the present PIL is filed by the petitioners. 4. In response to the notice issued by this court an affidavit-in-opposition came to be filed on 14.03.2019 by respondent no. 2, i.e. Chairman, Brahmaputra Board, ministry of Water Resources, River Development and Ganga Rejuvenation, through its authorized officer, being Executive Engineer, Guwahati Division, Brahmaputra Board. By the said affidavit the following noteworthy facts have been brought on record. (i) It is contended that the subject of flood management is under the purview of the State Government and the schemes of flood control are formulated and implemented by the State Government as per their priority. It is also averred that the Union Government supplements the efforts of the States by providing technical guidance and promotional financial assistance for management of flood in critical areas. It is also averred that the Union Government supplements the efforts of the States by providing technical guidance and promotional financial assistance for management of flood in critical areas. (ii) It is also averred that up to December, 2018 141 projects of Assam were approved in the XI and XII Plan and Central Assistance of Rs. 1124.46 Crore has been released to the Government of Assam. (iii) It is further averred that the Empowered Committee of Flood Management Programme approved the project “Emergent Measures for Protection of Rohmoria area in Dibrugarh District in its 6th meeting held on 12.07.2010 with the project code AS-85. The project was approved with the estimated cost of Rs. 5991.29 Lakh and Central share of Rs. 5392.16 Lakh. It is also averred that between the years 2010-2015 a total amount of Rs. 5137.12 Lakh was released to the Government of Assam by the Union Government for the aforesaid project AS-85. It is also brought on record that the schemes so formulated have been now clubbed into one, i.e. “Flood Management and Border Area Programmes” for three years period from 2017-2018 to 2019-2020. (iv) Regarding the communication dated 17.07.2017 it is contended by the respondent no. 2 that both the projects have been accorded approval by the Investment Clearance Committee of Ministry of Water Resources, River Development and Ganga Rejuvenation, Government of India, in its meeting held on 05.05.2017. The respondent no. 2 further contended that vide communication dated 30.01.2018, a proposal was submitted by the Brahmaputra Board for inclusion of the below-mentioned two projects of Government of Assam in the Flood Management Programme, Government of India. (a) Integrated Flood and River Bank Erosion Risk Management Work at Rohmoria area (Estimated cost of Rs. 7848 Lakhs @ price level 2013-14). (b) Anti-erosion measures to protect Bar Dirak, Na-Chumani and its adjoining areas from the erosion of river Na-Dehing and Dirak (estimated cost of Rs. 1415.10 lakh @ price level 2013-14). (v) It is further averred that the Expenditure Finance Committee, Ministry of Finance, took a decision in its meeting held on 27.03.2018, that as said scheme for three years period from 2017-18 to 2019-20 incurred a huge liability towards the works under the projects already approved/included during XI and XII plan period, no further projects to be included till committed liabilities are cleared. 5. 5. The petitioners countered the aforesaid affidavit-in-opposition by filing a reply-affidavit dated 04.05.2019 and contended that Assam is one of the worst hit states in the country due to flooding, which affects nearly half a million people every year. It is alleged that lack of funds is definitely going to affect the proposed two projects. 6. The respondent no. 2 has further filed additional affidavit dated 29.10.2019 and, in fact, has reiterated that until the ongoing projects, which are 83 in number under the “Flood Management and Border Area Programmes” are completed no new projects to be approved. The said affidavit was also countered by the petitioners by reiterating that at least 2 Lakh people have been affected. 7. The Secretary to the Government of Assam, Water Resources Department, by a further affidavit dated 01.04.2022 has contended as under: “5. That during the year 2009-2010, the erosion at Rohmoria by river Brahmaputra turned critical and to counter the erosion problem, a pilot project namely, “Emergent Measures for Protection of Rohmoria Area in Dibrugarh District”, amounting to Rs. 58.81 Crore was taken up covering a reach length of 2.6 Km out of 9.0 Km with Geo-Bag apron and revetment which was completed by March, 2012 which has been working satisfactorily till date. 6. That since the pilot project covered only 2.6 Km out of the affect 9 Km, the respective department prepared a Memo for remaining 6.4 Km with the nomenclature “Integrated Flood and River Bank Erosion Management at Rohmoria” which was recommended by 57th Special Technical Advisory Committee (TAC) meeting held at Guwahati on 08.02.2013. The Detail Project Report (DPR) was duly prepared and submitted to the Central Water Commission for approval. The said DPR was finalized for Rs. 78.48 Cr by the Post Directorate (HWF) of CWC and approved under emergency procedure by the Assam State Brahmaputra Valley Flood Control Board. Finally, the DPR was placed before the Advisory Committee for the Ministry of Water Resources (MoWR), Govt. of India, New Delhi which was accepted in the 124th meeting of the Advisory Committee held on 16.10.2014. But the matter did not proceed further in respect of providing financial support to the State Government by the Central Government through its concerned department. 7. That it is respectfully stated that although the aforementioned scheme as approved by the concerned agencies of the Govt. But the matter did not proceed further in respect of providing financial support to the State Government by the Central Government through its concerned department. 7. That it is respectfully stated that although the aforementioned scheme as approved by the concerned agencies of the Govt. of India could not be implemented by the Govt. of Assam from its own resources as well as with the help of Asian Development Bank etc. has taken necessary steps and accordingly the respective authorities funded the Govt. of Assam have carried out number of State Disaster Response Funded scheme to protect the affected reaches in various stages. The executed schemes and stretches are as follows: i) Immediate measures to Bogoritolia area for 2017-2018 (Reach Length 200 M) – Completed. ii) Immediate measures to restore Bogoritolia area of Rohbmoria from the river Brahmaputra for 2019-2020 (Reach Length 920 M) – Completed. iii) Immediate measures to restore Rohmoria area near HS School from the river Brahmaputra for 2019-20 (Reach Length 825 M) – Completed. The aforesaid three schemes were successfully completed and thereby protected a reach length of 1.945 Km and thereafter the total protected reach length increased up to 4.545 Km and total exposed reach length decreased to 4.455 Km. 8. That thereafter again 3 (three) State Disaster Response Fund (SDRF) schemes were launched and same were inaugurated by the then Hon’ble Minister of Water Resources, Govt. of Assam on 17.12.2021 which are currently in progress. A details of the schemes are as follows: i) Immediate measures to restore damage at Lokasoni gaon of Rohmoria Mouza by river Brahmaputra under SDRF for 2020-21 (Reach Lengh 525 M) – Ongoing. ii) Immediate measure to restore flood damages at Rohmoria Gaon by river Brahmaputra under SDRF for 2020-21 (Reach Length 545 M) – Ongoing. iii) Immediate measures to restore Borotichuk and Liting gaon area of Rohmoria from the river Brahmaputra for 2020-21 (Reach Length 600 M) – Ongoing. Upon completing the aforesaid 3 (three) SDRF schemes, the total protected reach length will be 6.215 Km and total exposed reach length will be 2.785 Km. 9. That it is pertinent to mention that withal to the above mentioned schemes, 2 (two) more schemes of the following nomenclature have been approved by the Govt. Upon completing the aforesaid 3 (three) SDRF schemes, the total protected reach length will be 6.215 Km and total exposed reach length will be 2.785 Km. 9. That it is pertinent to mention that withal to the above mentioned schemes, 2 (two) more schemes of the following nomenclature have been approved by the Govt. of Assam and the regular tender process has already been initiated and the said proposed schemes are as follows: i) Immediate measures to restore flood damages by river Brahmaputra from Liting Gaon to Rohmoria Gaon under SDRF for 2021-22 (Reach Length 800 M). ii) Restoration of flood damages by river Brahmaputra at Rohmoria from HS School to Borotichuk under SOPD-FDR (Reach Length 1125 M). 10. That it is pertinent to mention that upon completion of the aforesaid two schemes, the total protected reach length would be 8.14 Km and the total exposed reach length will further be shortened to 0.86 Km only. The exposed reach length has already been included in thte Tranche III of Asian Development Bank funded project under the nomenclature “Assam Integrated Flood and Erosion Management Project – Dibruagarh Sub Project (Construction of Road cum Embankment including protection works from Guijan to Mohanaghat)” amounting to Rs. 662.71 Cr. Upon completion of the aforementioned works, it is expected that the entire Rohmoria area will be protected within a short period of time. 11. ……………….. Be that as it may, the Govt. of Assam in the Water Resources Department has implemented various schemes under various heads at Chumoni and its adjoining areas (areas included in the scheme as was submitted to the agency of the Central Govt.) under nomenclature as follows: 1. A/E measures to Dirakmukh area on the L/B of Noa-Dehing River at Saikhowa Protection Bund-I completed in March-2015 under FMP head for a reach length of 11.475 Km. 2. Immediate measures to Saikhowa Protection Bund Ph-I (Recoupment of Land Spurs No. 3 & 4 including earth work) for 2016-2017 under SDRF HEAD. Length of the bank revetment work = 160.00 m in between land spurs No. 6 & 7. 3. 2. Immediate measures to Saikhowa Protection Bund Ph-I (Recoupment of Land Spurs No. 3 & 4 including earth work) for 2016-2017 under SDRF HEAD. Length of the bank revetment work = 160.00 m in between land spurs No. 6 & 7. 3. Restoration of damages at Saikhowa bund Ph-I i/c repairing of existing land spurs at Dirak Chumoni under SOPD-G for the total length of 430 m. Upon completion of the aforementioned schemes, Saikhowa Protection Bund Ph-I which is vital for the protection of the entire region from Dirak Chumoni up to Hahkhati engulfing the villages Pawoi, Dirakmukh, Hahkhati up to National Highway at Dangori, Kakopathar NH-52 etc. in the Tinsukia district have so far been protected. 12. That it is respectfully stated that even though the respective authorities under the Govt. of Assam has not been granted financial assistance from the respective department of the Govt. of India against the scheme as mentioned above, the appropriate authorities under the Govt. of Assam have taken all necessary steps as has been explained hereinabove of this affidavit from its own resources as well as with the help of the Asian Development Bank.” 8. Mr. B. Goswami, learned Additional Advocate General, Assam, appearing for respondent no. 2 further pointed out that as per today’s position, the restoration work of Lokasoni Gaon of Rohmoria Mouza by river Brahmaputra is 100% over. In order to ascertain the current status of the projects which were undertaken by the respondent authorities, learned counsel appearing for the State Government was orally directed to bring the same on record. Sri B. Goswami, learned Additional Advocate General, Assam, upon written instruction dated 25.08.2022, which are also taken on record, has informed the court that the works of the projects which are more particularly mentioned in paragraph 8(i) of the Affidavit of the Secretary to the Government of Assam, Water Resources Department, dated 01.04.2022, are 100% over. It is further contended by Mr. Goswami, learned Additional Advocate General, Assam, that other projects are also about to be over as mentioned in paragraph 8 of the said affidavit dated 01.04.2022. It is also contended by him upon instructions that the two schemes undertaken to restore the damage caused by river Brahmaputra at Liting Gaon area of Rohmoria have been undertaken and work orders have been issued. It is also contended by him upon instructions that the two schemes undertaken to restore the damage caused by river Brahmaputra at Liting Gaon area of Rohmoria have been undertaken and work orders have been issued. Similarly, work orders for the work of restoration of flood damages by river Brahmaputra at Rohmoria from HS School to Borotichuk under SOPD-FDR (Reach Length 1125 M) have been issued and the said project shall be undertaken for its implementation. 9. Mr. B. Goswami, learned Additional Advocate General, Assam, further contended that on completion of the above two schemes, the total protected area will be 8.01 Km leaving an area of 1.44 Km still exposed which are at present in two stretches – one at downstream of Lokasoni measuring 1.065 Km and the other at downstream of Rohmoria Gaon measuring 0.375 Km and estimates for the works of covering the exposed area have already been prepared and the same are to be placed before the next Technical Advisory Committee meeting. 10. Having gone through the aforesaid materials on record, it is crystal clear that the grievance ventilated by the petitioners are genuine and immediate steps to stop the erosion and the effect of flood upon the citizens have become inevitable. Upon consideration of the last affidavit-in-opposition dated 01.04.2022 filed by the Secretary to the Government of Assam, Water Resources Department, it clearly appears that the State Government and its authorities have been able to make necessary attempts to eradicate the erosion and effects of flood caused by the river Brahmaputra in the areas mentioned above. As per the written instructions dated 25.08.2022, three schemes, which are enumerated in paragraph 8 of the affidavit dated 01.04.2022, are about to be over. However, we deem it fit to direct the State Government and its authorities, more particularly, Secretary to the Government of Assam, Water Resources Department, and the respondent no. 2 herein to complete the works of the aforesaid three schemes latest by December, 2022. However, we deem it fit to direct the State Government and its authorities, more particularly, Secretary to the Government of Assam, Water Resources Department, and the respondent no. 2 herein to complete the works of the aforesaid three schemes latest by December, 2022. However, though as per the affidavit dated 01.04.2022 availability of funds for the aforesaid schemes is based upon the financial assistance given by the Asian Development Bank, as far as the two schemes, namely, (i) restoration of flood damages caused by river Brahmaputra from Liting Gaon to Rohmoria Gaon under SDRF for 2021-22 (Reach Length 800 M) and (ii) Restoration of flood damages by river Brahmaputra at Rohmoria from HS School to Borotichuk under SOPD-FDR (Reach Length 1125 M) are concerned, wherein work orders have already been issued, the works should be started as early as possible, preferably within a period of one month from the date of receipt of a certified copy of this judgment and order. As far as the aforementioned two stretches are concerned, which have still remained exposed, the authorities shall endeavour to ensure that the estimates/schemes are placed before the Technical Advisory Committee as early as possible and shall make all endeavours to see that no further erosion takes place due to flood and no further loss of life or damage of property of the people is caused by flood. It will be the responsibility of the Secretary to the Government of Assam, Water Resources Department, and the respondent no. 2 herein, i.e. Chairman, Brahmaputra Board, Ministry of Water Resources, River Development and Ganga Rejuvenation, to carry out the directions given in this judgment and order. The Secretary to the Government of Assam, Water Resources Department, shall file reports every six weeks about the progress made on the above directions and the same shall be placed before this court. 11. The PIL stands disposed of with the above observations and directions.