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Gujarat High Court

Sanjay Bhikhubhai Kapadiya vs N I Brahmbhatt, Mamlatdar Bhesan on 9 July, 2021

Author: J.B.Pardiwala

Bench: J.B.Pardiwala, Vaibhavi D. Nanavati

       C/WPPIL/193/2020                                    ORDER DATED: 09/07/2021




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/WRIT PETITION (PIL) NO. 193 of 2020

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                          SANJAY BHIKHUBHAI KAPADIYA
                                     Versus
                     N I BRAHMBHATT, MAMLATDAR BHESAN
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Appearance:
MR GIRISH M DAS(2323) for the Applicant(s) No. 1
MR CHINTAN DAVE, AGP(1) for the Opponent(s) No. 1,2,3,4,5,6,7,8
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 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
       and
       HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                               Date : 09/07/2021

                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. We have heard Mr. Girish Das, the learned counsel appearing for the writ-applicant and Mr. Chintan Dave, the learned AGP appearing for the State respondents.

2. An affidavit-in-reply has been filed on behalf of the respondent no.4. The same is ordered to be taken on record. In paragraphs-5, 6 and 7 of the reply, the following has been stated:-

"5. In this regard before adverting to the issues that are being raised by the petitioner in the present Public Interest Litigation, the respondent authorities crave leave of this Hon'ble Court to bring certain factual aspects on record. The Village Chhodavadi falls under Bhesan Taluka of Junagadh District. The Girnar Eco-Sensitive Zone has a peripheral area of about 9317.58 ha that includes 27 villages of Junagadh and Bhesan Taluka. The radius of Eco Sensitive Zone is between 0 to 5 kms. It appears that Survey No.277 of Village Chhodavadi falls under Eco Sensitive Zone. The activities inside the Eco Sensitive Zone are Page 1 of 3 Downloaded on : Mon Jul 12 20:56:02 IST 2021 C/WPPIL/193/2020 ORDER DATED: 09/07/2021 categorized as regulated, permitted and prohibited. The use or production of any hazardous substance within the Eco Sensitive Zone is a prohibited activity. In this regard, it is submitted that Survey No.277 is at a distance of about 1.17 km from pillar no.779 of the Girnar Sanctuary. The respondent authorities received a complaint through e-mail about some kind of illegal activities being carried out at Survey No.277 on 26/10/2020. Thereafter, the Deputy Conservator of Forest, Junagadh instructed the Range Forest Officer to look into the allegations levied in the complaint and carry out inspector for taking necessary measures. A copy of letter dated 02/11/2020 addressed by Deputy Conservator of Forest to Range Forest Officer is annexed hereto and marked as Annexure-A. The Range Forest Officer submitted a report on 03/11/2020 to Deputy Conservator Forest, Junagadh. In the said report it was mentioned that the land owner of Survey No.277 has carried out small scale blasting of stones. The land owner was also cautioned that activity of blasting is strictly prohibited and the same cannot be carried out without prior permission of the Forest Officer. A copy of the report dated 03/11/2020 is annexed hereto and marked as Annexure-B.

6. It is further submitted before this Hon'ble Court that based on the report of the Range Forest Officer, a fine of Rs.1 lac was imposed upon the land owner of Survey No.277 on account of violation of the guidelines as prescribed for carrying out activities within the Eco-Sensitive Zone. A copy of the letter dated 30/01/2021 that prescribes imposition of fine of Rs.1 lac is annexed hereto and marked as Annexure-C.

7. It is further submitted before this Hon'ble Court that the respondent authorities are committed to strictly prohibit any kind of hazardous activities within the Eco-Sensitive Zone. Regular inspection and monitoring of the areas falling within the Eco- Sensitive Zone is being carried out by the officers of the respondent authority. As on date no such activities are being carried out within the Eco-Sensitive Zone. However, if the petitioner is aware of any of such activities, then it is prayed that the same may be brought to the notice of the respondent authorities so that necessary corrective steps may be taken by the respondent authorities at the earliest."

3. Mr. Das would like to study the reply, so that he can put forward his suggestions for the future course of action. If the client of Mr. Das has any further evidence with him in the form of video-

C/WPPIL/193/2020 ORDER DATED: 09/07/2021 graphy, photography to indicate that illegal mining activities with the Eco-Sensitive Zone of the Girnar Wildlife Sanctuary is still going on, let such evidence be produced by way of an affidavit-rejoinder.

Post this matter for further hearing on 23.07.2021.

(J. B. PARDIWALA, J) (VAIBHAVI D. NANAVATI,J) A. B. VAGHELA Page 3 of 3 Downloaded on : Mon Jul 12 20:56:02 IST 2021