Gujarat High Court
Zala Vikramsinhji Kishorsinhji & 6 vs Alimiya Imam Ali Saiyad & ... on 21 September, 2015
Bench: Jayant Patel, N.V.Anjaria
C/WPPIL/192/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 192 of 2015
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ZALA VIKRAMSINHJI KISHORSINHJI & 6....Applicant(s)
Versus
ALIMIYA IMAM ALI SAIYAD & 5....Opponent(s)
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Appearance:
MR JV JAPEE, ADVOCATE for the Applicant(s) No. 1 - 7
GOVERNMENT PLEADER for the Opponent(s) No. 2 , 4 - 6
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
MR. JAYANT PATEL
and
HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 21/09/2015
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JAYANT PATEL) Draft amendment granted.
2. The petitioner including Sarpanch of Village Dedharota with other citizens have approached this court by invoking PIL jurisdiction seeking an appropriate writ to set aside order dated 04.07.2015 passed by the State Government, Industries and Mines Department in favour of respondent No.6 for granting of mining lease of bauxite stones.
3. We have heard Mr. Japee, learned counsel appearing for the petitioners. Mr. Japee had two main contentions. One was that certain gauchar lands without resumption from Gram Panchayat have been given on lease basis and it was also further contended that Page 1 of 3 HC-NIC Page 1 of 3 Created On Fri Sep 25 00:37:57 IST 2015 C/WPPIL/192/2015 ORDER if the area of gauchar land is reduced, it would adversely affect public at large since sufficient land would not available for grazing cattles. Second contention was that if the mining operations are permitted as per lease granted in favour of respondent No.6 such would adversely affect the boundaries of riverbed area and the agricultural field of the residents of the villages. As per the petitioner, mining operations would result into taking away supporting wall of the riverbed on both the sides of the river. It was therefore submitted that this court may interfere.
4. On the aspect of allotment of gauchar land for mining purpose without resumption from Gram Panchayat, we do not find that PIL jurisdiction would be available to the petitioner since the Gram Panchayat is if holding land, can ventilate the grievance by challenging the action of the Government of allotting gauchar land without resumption from Gram Panchayat, in accordance with law.
5. On the second aspect of adverse effect on the agricultural field and boundaries of riverbed, it appears to us that the petition is premature because in the impugned order dated 04.07.2015. Condition No. 6 reads as under:-
"6. Mining Activity will be carried out only after obtaining Environment Clearance."
6. The aforesaid makes clear that until the Page 2 of 3 HC-NIC Page 2 of 3 Created On Fri Sep 25 00:37:57 IST 2015 C/WPPIL/192/2015 ORDER environment clearance is granted by the concerned department under the Environment (Protection) Act, 1986, mining activity would not be undertaken. Before getting clearance or no objection certificate or permission, one needs to apply and the procedure provides for inviting of objections from the residents of the area etc. and thereafter, the objections are to be considered. Further, on the aspect of adverse effect on the environment, the matter is to be considered by the concerned authority. Since the said issue is uptil not decided, the apprehension voiced by the petitioner on the ground of adverse effect on the environment and agricultural land and supporting wall of the riverbed could be said to be premature at this stage.
7. In view of above, subject to the aforesaid observations, the present petition is not entertained at this stage. Disposed of accordingly.
(JAYANT PATEL, ACJ.) (N.V.ANJARIA, J.) chandrashekhar Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri Sep 25 00:37:57 IST 2015