Gujarat High Court
Dilip M Naik vs State Of Gujarat & 5....Opponent(S) on 24 September, 2014
Author: J.B.Pardiwala
Bench: Akil Kureshi, J.B.Pardiwala
C/WPPIL/131/2012 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 131 of 2012
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DILIP M NAIK....Applicant(s)
Versus
STATE OF GUJARAT & 5....Opponent(s)
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Appearance:
(MR MUKUL SINHA), ADVOCATE for the Applicant(s) No. 1
MR SUBRAMANIAM IYER, ADVOCATE for the Applicant(s) No. 1
MR UTKARSH SHARMA, AGP for the Opponent(s) No. 1
MR VAIBHAV A VYAS, ADVOCATE for the Opponent(s) No. 5
NOTICE SERVED BY DS for the Opponent(s) No. 2 - 4
NOTICE UNSERVED for the Opponent(s) No. 6
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 24/09/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) By this writ application in the nature of a public interest litigation, the petitioner, convener of a non-Governmental organization has voiced serious concerns with regard to the illegal mining and excavation of sand in Ambika and other rivers of South Gujarat. According to the petitioner, unregulated and illegal mining in the river bed leads to serious environmental and ecological impact. The petitioner also seeks to rely on a report dated 19th May 2009 of a Committee.
In such circumstances, the petitioner has prayed for the following Page 1 of 4 C/WPPIL/131/2012 ORDER reliefs:
"(A) That Your Lordships will be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, or order directing the State Government to forthwith seek and obtain environmental impact assessment report from the Ministry of Environment and Forest, Government of India as envisaged by the Hon'ble Supreme Court in the judgment rendered in SLP (Civil)/19628-19629/2009 in the case of Deepak Kumar versus State of Haryana.
(B) That the Hon'ble Court be pleased to direct the Government of Gujarat not to grant or renew any lease for sand quarrying on the river bed of river Ambika or any other river in South Gujarat unless environmental clearance is granted by the Ministry of Environment & Forest, Government of India as directed by the Hon'ble Supreme Court.
(C) That the Hon'ble Court be pleased to restrain the Government of Gujarat from granting lease to any person who uses mechanical devices for excavating sand in any form or device without clearance from the Ministry of Environment and Forest, Government of India.
(D) That the Hon'ble Court be pleased to restrain the Government of Gujarat from granting any lease to any person for quarrying sand from any river bed for an area exceeding the limit of five hectors fixed by the Hon'ble Supreme Court and further pleased to direct the government to make appropriate rules in consultation with Ministry of Environment and Forest, Government of India to decide permissible depth of sand quarry as well as spacing between two quarries.
(E) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted."
The issue of excavation of sand in the river bed has been extensively considered and dealt with by the Supreme Court in the case of Deepak Kumar v. State of Haryana, AIR 2012 SC 1386. The Supreme Court has issued various directions to the Central Government in that regard.
Page 2 of 4C/WPPIL/131/2012 ORDER The Supreme Court has also directed the respective State Governments to frame appropriate rules under section 15 of the Mines and Minerals (Development and Regulation) Act, 1957.
Mr.Sharma, the learned AGP appearing on behalf of the State Government has brought to our notice that the State Government has framed certain regulations in tune with the directions issued by the Supreme Court in the case of Deepak Kumar (supra). He further submits that the regulations are at present in the form of broad modalities worked out by the State Government before the statutory rules are framed and brought into force.
Since this issue has been considered at length by the Supreme Court and the State Government is also now taking appropriate steps in that regard, no further adjudication is required in this petition. We may only say that so far as the existing leases are concerned, the authorities shall ensure that the excavation or mining of the sand is in tune with the regulations framed by the Government and when time comes to renew the lease or grant fresh lease, then at that point of time also, the directions issued by the Supreme Court and the regulations framed by the State Government shall be kept in mind.
With the above observations, we close this public interest litigation and dispose it of accordingly. No costs.
(AKIL KURESHI, J.)
(J.B.PARDIWALA, J.)
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C/WPPIL/131/2012 ORDER
(vjn)
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