JUDGMENT

J. B. PARDIWALA, J.

This Writ Petition in the nature of a Public Interest Litigation has been preferred by the petitioners, who are residents of Block No. 613 of Village Prempur, Taluka Himatnagar, District Sabarkantha redressing serious grievance as regard environmental pollution caused by stone crushing (quarry) unit run by respondent Nos. 6, 7 and 8 have prayed for the following relief :

"(A) To issue a writ of mandamus or any other appropriate writ, order or direction and be pleased to quash and set aside the impugned order passed by respondent Nos. 3 and 4 (at Annexures M and P to the petition) allowing to restart the mining activities, which are passed contrary to the observations made by this Hon'ble Court in Special Civil Application No. 7293 of 2010 read with Misc. Civil Application No. 2524 of 2010, decision of Hon'ble Apex Court in the case of Mohammed Haroon Ansari v. District Collector, Ranga Reddy District, reported in AIR 2004 SC 823 providing one kilometre as a safe distance between crushing unit and residential locality and also contrary to the statement made by learned Counsel for respondent No.8 and also without making any endeavour or attempt to ensure safety of human inhabitation of the adjoining area and without considering the impact of mining operations upon agricultural fields or health and hygiene of the locality and underground water and also in violation of the fundamental rights of the petitioners under Arts. 14, 19(1)(g) and 21 of the Constitution of India.

(B) To issue the writ of mandamus or any other writ, order or direction and be pleased to direct the Collector, Sabarkantha to take appropriate steps to cancel the mining lease in question of the respondent Nos. 6, 7 and 8 as the agriculturists and residents of the surrounding area are facing multiple environment related problems and are exposed to serious risk and hazard to their safety on account of blasting operations and there is substantial reduction of the underground water.

(C) To direct the respondent authorities not to allow respondent Nos. 6 to 8 to carry out mining activities in Block No. 651, Village Prempur, Taluka - Himatnagar, District Sabarkantha, pending the admission, hearing and final disposal of this petition.

(D) To direct the respondent authorities not to allow the respondent Nos. 6 to 8 to carrry out mining activities in Block No. 651 of Village Prempur, Taluka - Himatnagar, Dist. Sabarkantha pending admission, hearing and final disposal of this petition."

I. Origin and Genesis of the Public Interest Litigation :

1. Facts relevant for the purpose of deciding this Public Interest Litigation can be summarised as under :

2.1. Petitioners are agriculturists and are residing at Village Prempur situated in Taluka-Himatnagar of District-Sabarkantha and Village Pipodar, situated in Taluka-Himatnagar of District-Sabarkantha. It appears from the record that the petitioners had preferred Special Civil Application No. 7293 of 2010 alleging environmental pollution being caused by respondent Nos. 6 to 8. It was alleged that the respondent Nos. 6 to 8 were using crushing machine (stone crushing unit) causing multiple environmental problems relating to health, hygiene and safety of the agriculturists of the surrounding area. Quarry lease was granted by respondent-State Authority in Block No. 651 of Village Prempur, adjoining to it are the agricultural lands. They highlighted before this Court that pollution is being caused by respondent Nos. 6 to 8.

2.2. It appears that the Division Bench of this Court vide order dated 31-8-2010, disposed of the writ petition taking note of the fact that respondent Nos. 6 to 8 have closed the unit. However, with same suitable observation the Division Bench disposed of the petition being Special Civil Application No. 7293 of 2010. We would like to quote the order passed by this Court at the relevant