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2014 Supreme(Guj) 767

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Bhaskar Bhattacharya, J.B. Pardiwala, JJ.
Gajubha (Gajendrasinh) Bhimaji Jadeja and Ors. - Appellants
Vs.
Union of India and Ors. - Respondent
Writ Petition (PIL) No. 21 of 2013, Special Civil Application No. 2621 of 2013, Civil Application No. 9694 of 2013 in Writ Petition (PIL) No. 21 of 2013, Civil Application No. 3558 of 2013 in Special Civil Application No. 2621 of 2013, Civil Application No. 4639 of 2013 in Special Civil Application No. 2621 of 2013 and Civil Application No. 4823 of 2013 in Civil Application No. 3558 of 2013
Decided On: 10.02.2014

Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:A.J. Yagnik, Advocate

Headnote:

Andhra Pradesh Land Reform (Ceiling on Agricultural Holdings) Act, 1973 - Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Rules 1974 - Rule 11 - To direct respondent nos. 1, 2, 3 and 4 and respondent no.5 to take over complete control, administration and supervision of respondent no.8 Mundra Port and Special Economic Zone, looking to the grave violations of Environmental Impact Assessment Notification, 2006 - is mantle and demolish the construction put up on their respective units and remove all and entire development upon the same to the extent of status quo ante - To direct the respondent nos. 1 and 2 to take all civil, criminal and corrective action against respondent nos.8, 10 to 21 for violating Environmental Impact - Held, plea of deemed environmental clearance, we are afraid we are unable to accept such plea for the reasons recorded by us in details - Lessee cannot have a better right then that of a lessor in the property. There cannot be any valid lease for enjoyment of a right in a property at the instance of MPSEZ before obtaining environmental clearance because such a right was not in existence in its favour, and consequently, not capable of being transferred to the lessee at the time of execution of the lease - Petition rejected.

Judgment

J.B. Pardiwala, J.

1. Since common questions of law and fact are involved in both the captioned petitions, those were heard together and are being disposed of by this common judgment and order. The petitioners of Writ Petition (PIL) No. 21 of 2013, residing at village Navinal, Mundra Port and Special Economic Zone, Kutch, have prayed for the following reliefs in public interest:--

"(A) To direct respondents and respondent Nos. 10 to 21 in particular to immediately stop further development of the units and business operations in particular from their respective units situated within respondent No. 8 Mundra Port and Special Economic Zone till environmental clearance is granted by respondent Ministry of Environment and Forests in favour of respondent No. 8 Mundra Port and Special Economic Zone;

(B) To direct respondents and respondent Nos. 10 to 21 in particular to completely dismantle and demolish the construction put up on their respective units and remove all and entire development upon the same to the extent of status quo ante;

(BB) To direct respondent Nos. 1, 2, 3 and 4 and respondent No. 5 to take over complete control, administration and supervision of respondent No. 8 Mundra Port and Special Economic Zone, looking to the grave violations of Environmental Impact Assessment Notification, 2006;

(C) To direct the respondent Nos. 1 and 2 to take all civil, criminal and corrective action against respondent Nos. 8, 10 to 21 for violating Environmental Impact Assessment Notification, 2006;

(CC) To direct respondent Nos. 1, 3 and 4 to consider permanently refusing grant of environmental clearance to respondent No. 8 Mundra Port and Special Economic Zone for grave violations of Environmental Impact Assessment Notification, 2006 in the context of subject matter of the present petition;

(D) To direct respondent Nos. 1 and 2 to constitute an independent team of expert to decide the extent of collusion and involvement of statutory, public and Government Authorities in assisting respondent Nos. 8, 10 to 21 in violating the Environmental Impact Assessment Notification, 2006 and thereby develop the land in question and put up construction thereupon and be further pleased to direct taking of civil, criminal and departmental action against erring Officers;

(E) To direct the respondents and particularly respondent Nos. 5, 7 and 9 to prepare panchnama of the land allotted to respondent Nos. 10 to 21 and extent of development of the very land and construction thereupon so far put up by respondent Nos. 10 to 21 and place the same on record;

(F) During pendency and/or final disposal of the present petition be pleased to direct the respondents and respondent Nos. 8, 10 to 21 in particular to immediately stop further development of the units and business operations from respective units and file an undertaking before this Hon'ble Court in this regard AND be further pleased to direct respondent No. 5 Development Commissioner, Mundra Port and Special Economic Zone to ensure that no further development in the respective units take place and business operations are undertaken in any manner whatsoever;

(FF) During the pendency and/or final disposal of the present petition to direct respondent Nos. 1,2,3 and 4 and respondent No. 5 to take over complete control, administration and supervision of respondent No. 8 Mundra Port and Special Economic Zone, looking to the grave violations of Environmental Impact Assessment Notification, 2006;

(G) To award the costs of this petition;

(H) To pass such other and further prayer/s in the interest of justice be granted."

2. The petitioner of Special Civil Application No. 2621 of 2013, an industrial unit engaged in the manufacturing of Advanced Turbine & Generators and Heat Exchanger Equipments for Power Plants at the Mundra Special Economic Zone, has prayed for the following reliefs:--

"(i) Issue a writ, order or direction declaring that since APSEZ i.e. Respondent No. 2 has obtained a deemed clearance under Clause 8(iii)
















































































































































































































































































































































































































































































































































































































































































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