ORDER :

Arup Kumar Goswami, J.

1. Heard Mr. D. Saikia, leaned counsel for the petitioner. Also heard Mr. B. Goswami, learned Additional Advocate General, Assam, appearing for the respondent Nos. 1 & 4 and Mr. H.K. Hazarika, learned State counsel, appearing for the respondent Nos. 2, 3, 5 & 6.

2. This petition, in the nature of Public Interest Litigation (PIL), is filed with a prayer for a direction to the respondents to bring back the flow of Satrong River to its original course from the breached point at Ward No. 6 in Gohpur Town Committee on the Southern side of the National Highway-15.

3. The facts, in a nutshell, as indicated in the petition are to the effect that Gohpur Town area is surrounded by Solengi River, Satrong River, Kukurjan River and Balijan River and all these rivers were merged with Satrong River, which is flowing through the middle of Gohpur Town. Satrong River breached the eastern bank at Southern side of National Highway-15 and the river started flowing over land of various villages causing damage and destruction of properties. It is in the background of the above facts, the present petition is structured with prayer, as already noticed hereinabove.

4. The Secretary to the Government of Assam, Water Resources Department has filed an affidavit, wherein it is stated that Satrong River (spelt as Chatrang River in the affidavit of the Water Resources Department) originates from the foothills from the Himalayan Range in the State of Arunachal Pradesh and the river meanders through the terrain in a zig-zag way before finally meeting at River Kharoi near Dhakhin Jaipur area after flowing through Gohpur Town. Initially, the bunds of Satrong River were constructed by the District Rural Development Agency (DRDA) but later on looked after by the Gohpur Town Committee. When the constructions were made by the DRDA, no sufficient water way was provided. It is admitted that the flood water of River Satrong had breached the right bank embankment in the Southern side of the National Highway-15 (52) at a distance of about 350 meters from the RCC bridge at Ward No. 6 during the flood of 2018. It is also admitted that the river had left its original course and had started flowing through the country side.

5. Mr. Saikia submits that it appears from the stand taken in the affidavit that the Water Resources Department is alive to the threat posed by the Satrong River and, in the backdrop of the assertions made in the affidavit, submits that the PIL can be closed by directing the respondents to implement what is being portrayed in the affidavit. Mr. Goswami submits that the matter has been taken in all seriousness it deserves. Though the breach cannot be closed permanently during the present monsoon season, in order to make an attempt to avert flood water flowing through the breach, temporary work shall be started within a fortnight.

6. In Paragraphs 5 & 7 of the affidavit filed by the Water Resources Department, it is stated as follows:-

"5. That as regards to the statements made in paragraph 4 to the PIL, your deponent begs to state that the river Chatrang is flowing through the Gohpur Town. During the flood of 2018, the flood water of the said river breached the right bank embankment in the southern side of the National Highway-15(52) at a distance of about 350m from the RCC Bridge at ward No. 6. Due to the aforesaid breach, the said river left its original course and started flowing to the country side through the breach gap.

Be that as it may, the Water Resources Department of the State prepared a project namely, "Immediate Measures to breach closing of Gohpur Town Committee from flood Devastation of river Chatrang at D/S of NH-15 under SDRF for 2018-19" with an estimated amount of Rs. 5 Crore for closure of the breach of the embankment at southern side of National Highway and to divert the river to its original course. The proposal was approved by the 38th meeting of the States Executive Committee of Revenue and Disaster Management