FLOOD EROSION RESISTANCE STRU-GGLE FORUM Vs. UNION OF INDIA

JUDGEMENT

(1.) 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:

(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 Brahma putra 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 wireboxes, 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. 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 dtd. 14/9/2016 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 dtd. 16/1/2017 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 dtd. 14/9/2017 intimating that the Investment Clearance Committee in its 6th meeting held on 5/5/2017, had taken a decision recommending funds for the aforesaid two schemes. The petitioners have also referred to and relied upon the communication dt. 30/1/2018, 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 dtd. 15/3/2018, 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 and Chairman, Brahma putra Board, at New Delhi, on 20/3/2018 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 9/11/2017 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.