The main legal point established in the judgment is the court's authority to direct the creation of specialized committees and task forces for environmental protection and the prevention of illegal mining.

JUDGMENT :

Ajai Lamba, J.

Heard, Mr. S.B. Rahman, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned Assistant Solicitor General of India for Respondent No.1; Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam for Respondents No.2 and 8; Ms. T. Khro, learned Senior Government Advocate, Nagaland for Respondent No.3; Mr. S. Biswas, learned counsel for Respondent No.4; and Mr. H. Baruah, learned counsel for Respondent No.7.

2. This petition has been filed with the following main prayers :

"It is therefore prayed that Your Lordships would be pleased to admit this application, call for the records and issue a Rule upon the respondents to show cause as to why a writ in the nature of Mandamus should not be issued,

(a) directing the Authority to create a "Mines & Miner Task Force Battalion" under the administrative control of Directorate of Geology & Mining Assam for timely and independent action to prevent illegal mining and encroachment in fragile river beds in the State of Assam.

(b) directing the Authority to immediately stop all illegal mining in various places of Dikhow River banks and apprehend the culprits who are indulged in illegal mining in the Dikhow River banks and proceed against them as per law;

(c) directing the Authority to immediately release the proportionate and adequate fund of District Mineral Foundation Trust (DMFT) for the district of Sivasagar.

(d) directing the Authority to properly utilise the fund of District Mineral Foundation Trust (DMFT) for the benefit of local area affected by the mining.

(e) directing the Authority to constitute a High powered committee to study and recommend the preservation fragile ecosystem of the Dikhow River and to take the remedial steps/actions to prevent any change of the course of flow of Dikhow River.

(f) directing the Authority to constitute a Board/Committee to monitor and carry out survey and investigation in Dikhow river banks and to prepare Master Plan for the control of illegal mining, bank erosion and improvement of drainage in the Dikhow river bank and activities connected therewith.

And/or, upon cause or causes being shown and upon hearing the parties Your Lordships would be pleased to make the aforesaid Rule absolute, and/or further be pleased to pass such other order/orders as Your Lordships would deem fit and proper."

2. Contention of the learned counsel for the petitioner is that although this Court in the same jurisdiction while dealing with PIL No.78/2018 (Debarata Saikia Vs. Union of India and others), issued direction vide order dated 4.1.2019, however, illegal mining is going on unabated in Dikhow River bed area. Learned counsel has buttressed his argument by referring to various reports appended with the petition which indicates an alarming situation. It has been contended that the report dated 29th June, 2019 (placed with the record as Annexure-10) indicates that stone quarries were in operation. Other illegal activities of illegal mining were going on.

It has been contended that investigation in the alleged illegal mining activities was conducted. The investigation found that it is matter of fact that there has been soil erosion of the river bank. It has been pleaded that necessary action for defiance of order dated 4th January, 2019 rendered in PIL No.78/2018 has not been taken.

3. We have considered the contention of the learned counsel in reference to the documents placed on record along with the writ petition.

Before proceeding further, we extract hereunder order dated 4th January, 2019, rendered in PIL No.78/2018 :

"04.01.2019

(A.S. Bopanna, CJ)

Heard Mr. SB Rahman, learned counsel for the petitioner and Mr. TC Chutia, learned Additional Senior Government Advocate, Assam.

The petitioner is before this Court in this Public Interest Litigation seeking a direction to the authorities to immediately stop illegal mining in various