R.P. DHOLARIA, J.

1. The present writ petition in the nature of Public Interest Litigation is filed by the petitioner – Kheti Vikas Seva Trust as the respondent authorities have accorded permission to respondent Nos.4 and 5 to construct a power generation station as well as Port and SEZ in the area, where the members of the petitioner association are having their agricultural lands, in violation of the Environmental Laws and this writ petition is also filed in the interest of villagers of villages viz., Zarpara, Dhrob, Navinar, Siracha and Kandagara situated in Mundra Taluka, District Kutch, as the valuable and fertile agricultural land has so far badly affected because of the project undertaken by respondent Nos.4 and 5 and serious environmental issues have cropped up due to violation of laws by respondent Nos.4 and 5. The petitioner has also raised the issue of profiteering by respondent No.4 who after purchasing the land from various Government authorities at a throw away price is arbitrarily selling the land to various industries by earning a huge profit which amounts to unjust enrichment.

2. The facts of the case of the petitioner are that the petitioner association is consisting of more than 200 villagers of the local vicinity where certain projects are undertaken by respondent Nos.4 and 5. Against the activity carried out by respondent Nos.4 and 5, the villagers have made certain representations before the respondent authorities, however the authorities have not paid any heed to their representations and as such have not taken any action against the respondents. It is the case of the petitioner that since a larger public interest is involved qua various issues, the petitioner has approached this Court by way of this present writ petition in the nature of Public Interest Litigation.

3. It is the case of the petitioner that respondent Nos.4 and 5 are carrying out excavation on a large scale which has caused serious hazard not only to the environment but also to the human habitation as well within the jurisdiction of respondent No.3-District Collector who has made allotment of the land in favour of the respondent company at throw away price. It is the case of the petitioner that respondent No.5 is a company incorporated under the Companies Act and, after getting conditional clearance form the respondent authorities, has established a huge power plant with the established capacity of generation of 4600 MW. The respondent No.5 company has already started its operation of power generation at its plant situated within the SEZ being developed by respondent No.4.

4. It is further case of the petitioner that for the purpose of development of Special Economic Zone as per the project submitted by respondent No.4, the State Government carried out necessary exercise and, as such, huge Government land including government waste land as well as pasture land were allotted to respondent No.4. Over and above the Government waste land and pasture land, respondent No.4 was in need of other huge chunk of the land, therefore the State Government has acquired a huge parcel of land of various villages of Mundra Taluka from the agriculturists. The respondent No.4 in its SEZ allotted the land to respondent No.5 company for establishing a power plant with the capacity of 4620 MW of power. The respondent No.5 company was required to take various clearance from the authorities for establishing the power plant within the SEZ. The respondent no.5 company started the execution of its project in the year 2008 and it has achieved its substantial capacity of the power generation in the last quarter of 2010. For execution of the said project, respondent No.5 has over looked the necessary requirement as well as the conditions under which the permissions were accorded to it and committed blatant violation of the Environmental Laws, which has r