Gujarat High Court
Pragnesh Kantilal Patel vs State Of Gujarat on 14 June, 2018
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/SCA/5177/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 5177 of 2018
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PRAGNESH KANTILAL PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR DHAVAL D VYAS(3225) for the PETITIONER(s) No. 1,2,3
MR. MANAN MEHTA, AGPfor the RESPONDENT(s) No. 1,2,3
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 14/06/2018
ORAL ORDER
Heard learned advocate Mr. Dhaval Vyas for the petitioners and learned Assistant Government Pleader Mr. Manan Mehta for the respondent state and its authorities.
2. This petition was filed praying to set aside notice dated 31.8.2018 published at the office of the Gram Panchayat. The petitioner further wanted to restrain the respondents from taking coercive steps against the petitioners' occupation of land and their activity of harvesting prawns on the land.
3. It is the case of the petitioner that petitioner Nos. 1 and 2 are in occupation of government waste land being Block No. 1325 situated at village Aat, whereas petitioner No.3 claims to be occupying the government waste land being Block No. 1289 at village Matwad, Talka Jalalpore, District Navsari. It is stated that these lands stand at Page 1 of 5 C/SCA/5177/2018 ORDER a distance of three kilometers from the sea-shore. The petitioners created artificial ponds on the land. The petitioners further stated that there are about 1500 such artificial ponds developed in the Jalalpore area whereat the occupants have been undertaking activity of harvesting of prawns and certain private companies are also engaged in the prawn harvesting by using traditional methods. According to the petitioners, the lands are suitable for such activity.
3.1 It appears that the petitioners wanted allotment of the land occupied by them. Therefore, they made an application on 24.5.2016 before the Collector, Navsari. By communication dated 17.6.2016, the request was declined by the authority on the ground that the village area had been declared as eco-sensitive zone.
3.2 The Mamlatdar issued notice in question dated 31.3.2018 seeking information of the artificial ponds developed on the government land and has called upon the persons to demolish the said artificial ponds. This led to the filing of the present petition.
4. Affidavit-in-reply came to be filed by the Mamlatdar, Khergam, who is in charge of office of Mamlatdar, Jalalpore, on behalf of respondent No.3 to oppose the prayer. The petitioners filed their rejoinder affidavit.
4.1 It is stated that in view of the office order dated 28.3.2018 issued by the office of the Collector, Navsari, the Mamlatdar came to know that certain persons have been unauthorisedly occupying Page 2 of 5 C/SCA/5177/2018 ORDER government land. It was noticed that they had made encroachment and were undertaking illegal activity of harvesting of prawns by constructing artificial ponds. The Collector issued instructions to the Mamlatdar directing to remove the illegal encroachment and evict illegal occupation. The Mamlatdar accordingly issued the notice. It was pointed out that the Ministry of Environment of Forests has issued notification dated 26.4.2011 notifying certain areas to be the eco-sensitive zone. The said notification published in the Gazette of India, Extraordinary dated 26.4.2011 is produced on record.
4.2 The aforementioned Notification is under Section 3(2) Clause (v) and Clause (xiv) of the Environment Protection Act, 1986 which is issued after inviting objections from public. It inter alia provides that Village Dhadi and adjacent villages namely Samapor, Matwad, Onjal, Sultanpur and Aat in the Taluka Jalalpore, District Navsari of the State of Gujarat have got significant historical importance in the Indian freedom as Mahatma Gandhi has visited these villages and launched the famous Salt Satyagrah in the year 1930. It is thereafter provided, "AND WHEREAS, the six villages Dandi, Samapor, Matwad, Onjal, Sultanpur and Aat are located along the Arabian seacoast and have a fragile coastal ecosystem with mudflats, long beaches, sand dunes, wetlands etc.;
AND WHEREAS, the coastal stretch is experiencing erosion, monsoon Inundations and also affected by pollution that is being let off to the coastal waters through river discharge;
AND WHEREAS, due to the historical importance of the six villages, environmental impacts of the natural and anthropogenic activities, it is deemed necessary to protect and conserve the heritage of the area, and to embody Gandhian values of village development and environmental Page 3 of 5 C/SCA/5177/2018 ORDER conservation, shown in Annexure-I, which is in the map of the Eco- sensitive Zone.
Now, therefore, in exercise of the powers conferred by sub-section (1) read with clause (v) and clause (xiv) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) and clause (viii) of sub-rule (1) and rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby notifies Dandi and the adjacent five villages viz., covering an area of 22586.46 hectares in the State of Gujarat as the Dandi Eco-sensitivie Zone (hereinafter called as the "Eco-sensitive Zone").
4.2.1 The Notification further provides as under.
"B. The regulated activities shall include the following namely:-
1. Activity: Conservation of the Coast and Coastal resources:
(a) Mangrove afforestation and bio-shield:- Mangroves afforestation and bio-shield shall be raised on the coast along the shoreline.
Additional activities, such as beach nourishment shall also be undertaken based on scientific studies.
(b) Conservation of coastal features, habitats and wetlands :- Project shall support all measures to conserve wetlands, beaches, sand dunes, marshy areas, mudflats and bird sanctuary, Aquaculture ponds and soil salinity shall be removed."
5. It is thus clear from the aforesaid notification that the areas of village Aat where the petitioners have created artificial ponds to carry out the prawn farming activity is declared to be eco-sensitive zone and the activities are regulated. It becomes further clear that the policy notification clearly mandates removal of aquaculture ponds and salinity from the areas declared as eco-sensitive zone.
6. In view of the above position, the petitioners are not entitled to carry out any activity in the eco-sensitive zone which is the area Page 4 of 5 C/SCA/5177/2018 ORDER declared covering and including the Aat village. The activities of fish prawns by creating artificial ponds could not be permitted. No relief could be granted to the petitioners.
7. The petition is dismissed. Notice is discharged. Interim orders are vacated.
At this stage, learned advocate for the petitioner prays for extension of interim relief. Since the petition is dismissed for the reasons recorded hereinabove, the request could not be acceded to and it stands rejected.
(N.V.ANJARIA, J) C.M. JOSHI Page 5 of 5