Gujarat High Court
Zarpara vs Collector on 29 April, 2011
Author: M.R. Shah
Bench: M.R. Shah
Gujarat High Court Case Information System
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MCA/1908/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR DIRECTION No. 1908 of 2010
In
SPECIAL
CIVIL APPLICATION No. 10312 of 2009
=========================================
ZARPARA
GRAM PANCHAYAT - Applicant(s)
Versus
COLLECTOR,
KUTCH & 2 - Opponent(s)
=========================================
Appearance
:
MR MEHUL S
SHAH for
Applicant(s) : 1,MR SURESH M SHAH for Applicant(s) : 1,
MR PRANAV
DAVE, ASSTT. GOVERNMENT PLEADER for Opponent(s) : 1,
DS AFF.NOT
FILED (N) for Opponent(s) : 1 - 2.
NOTICE SERVED BY DS for
Opponent(s) : 3,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 29/04/2011
ORAL
ORDER
1. A grievance which is voiced in the present application is non-compliance of the order dated 26.02.2010 passed by this Court in Special Civil Application No.10312/2009, making a grievance that despite the aforesaid order passed by this Court, concerned respondents have not prevented the digging of sand from the lands in question and still illegal digging of sand from the lands in question is going on.
2. In response to the notice issued by this Court, first affidavit-in-reply was filed on behalf of the concerned respondents affirmed by Geologist, Kachch, Bhuj dated 03.08.2010 denying the allegations leveled in the application. Thereafter, another affidavit has been filed on behalf of respondent No.1 affirmed by the Collector, Kachch dated 30.09.2010 submitting that the order passed by this Court dated 26.02.2010 passed in the aforesaid Special Civil Application has duly been complied with and a task force of four officers was constituted and the same team has been directed to regularly supervise the gaucher land of Zarpara village and to look after the said land and as per the report of the said team also, recently, there is no excavation in the land in question. It appears that thereafter a further affidavit has been filed on behalf of the concerned respondents affirmed by one Shri Rashmikumar M. Pandya, Deputy Collector, Bhuj, Kachch dated 08.02.2011 submitting that a criminal complaint against the concerned persons who had illegally excavated sand from the land in question was filed on 17.02.2010 for offences punishable under Sections 379 and 114 of the Indian Penal Code. It is submitted that the concerned accused persons have been charge-sheeted. It is further submitted in the said reply that thereafter by letter dated 09.03.2010, the Collector, Kachch at Bhuj instructed the District Inspector of Land Records to prepare map to show the area in which the land was excavated. It is further submitted that Police Sub Inspector, Mundra Police Station addressed a letter to the Geologist to give details about the measurement, quantity, cost and the period during which the land was excavated and the same was replied by the Geologist vide communication dated 18.06.2010. It is submitted that thus it was pointed out that two lands viz. Area A and Area B has been excavated and admeasuring 42,069 metric tonne and 5288 metric tonne of sand has been taken out before approximately one year. The cost of the sand is Rs.32,39,313 for area A and Rs.4,07,176/- for Area B.
3. Today, when the present application is taken up for further hearing, Shri Pranav Dave, learned Assistant Government Pleader has produced on record one order dated 25.04.2011 passed by Shri J.M. Patel, Assistant Geologist, Bhuj, Kachch, by which the concerned persons are directed to pay a total sum of Rs.36,46,489/- under the provisions of the Gujarat Mining Rules, 1966 and Gujarat Minerals (Prevention of illegal mining, transportation and storage) Rules, 2005 and the concerned persons are directed to pay the same within a period of 10 days. It is stated at the Bar under the instructions from the concerned officer that immediately on expiry of the aforesaid period, further steps shall be taken to recover the said amount under the provisions of the Bombay Land Revenue Code.
4. In view of the above, present Miscellaneous Civil Application is disposed of by directing the respondents to act as stated herein above and to act as stated in the earlier affidavit-in-replies and see to it that there is no illegal mining of sand from the lands in question and the land is leveled and is put to use for the purpose for which it is reserved (gaucher land).
5. With this, present application is disposed of.
(M.R. Shah, J.) *menon Top