M.R. Shah, J.

As both these petitions are interconnected and with respect to the same land and between the same parties, both these petitions are heard, decided and disposed of together by this common judgment and order.

2. Writ Petition (PIL) No.16/2016 has been preferred by the petitioners Brackish Water Research Centre and others for the following reliefs:

"A. To restrain the respondent No.8 from carrying any kind of activities related to destruction of mangroves in land admeasuring 68,79,60 square meters in block No.1056/B, village Barbodhan, Taluka Olpad, District Surat, as well as in surrounding areas during pendency and/or final disposal of the present petition.

aa. The Hon'ble Court may be pleased to direct the respondent no.1, 3, 4, 5, 6 and 9 to constitute team of experts, visit the area and land in question and submit report to this Hon'ble Court on the issue of destruction of mangroves, blockage of sub-creeks of Tena creek and other issues encompassing the CRZ Notification;

bb. This Hon'ble Court may be pleased to direct the respondent no.1, 3, 4, 5, 6 and 9 to immediately take corrective and remedial action towards unbunding the land in question, removal of all the artificial and other blockages of Tena creeks and Sub-creeks and direct private respondents to grow mangroves again

B. To appoint a Committee eminent Environmentalists and Public spirited persons to ascertain the damage already caused and derive a expert conclusion taking help of all scientific data and techniques available.

C. To direct the State and the Central government authorities to take appropriate steps and ensure strict implementation of various acts, policies, notifications etc. framed to protect the Environment and the Coastal areas.

DD. To hold and declare that removal of mangroves and filling up of creeks on the land in question by respondent no. 8 to put up a mega residential township project is without prior environmental clearance and therefore, same is in violation of the Environmental Impact Assessment Notification 2006 and hence, it is illegal and unconstitutional;

EE. To direct the respondents and the respondent no.8 in particular not to do anything on the land in question without seeking prior environmental clearance from the competent authority as provided in Environmental Impact Assessment Notification, 2006

FF. To direct the respondent no.8 to pay to the respondent State of Gujarat fine/penalty for causing damage to the environment under the principles of "polluters pay" by way of exemplary cost towards the damage caused by respondent no. 8 and be further pleased to direct respondent State of Gujarat to plant mangroves again on the land in question and bring back the creeks and the sub-creeks to its original position with the help of the fine/penalty to be paid by the respondent no.8;

H. Be pleased to cancel the Environmental Clearance and CRZ clearance dated 01.05.2017 annexed at Annexure-X1 declaring the same to be illegal and unconstitutional;"

[2.1] Writ Petition (PIL) No.52/2016 has been preferred by the petitioner Gujarat Khedut Samaj for the following reliefs:

"(A) To direct the respondent State of Gujarat to provide the petitioner Trust a copy of the decision dated 2-3-2015 permitting the respondent no.4 to sell 68 hectares of land in question bearing Old Survey No.442/A and Block No.1056/B (part) of village Barbodhan, Taluka Olpad, District Surat on advance payment of 100% premium price @ Rs. 934 per sq. meter to the buyer of his choice viz. Respondent No.5;

(B) To hold and declare that the impugned order of the respondent Collector dated 25.03.2015 and 16-5-2015 annexed to the present petition at Annexure-D and E allowing sale of 68 hectares of land in question bearing Old Survey No.442/A and Block No.1056/B (part) of village Barbodhan, Taluka Olpad, District Surat to respondent no.4 to the person of his choice viz. respondent no.5 without auction as arbitrary, irrational, discriminatory, malafide, actuated out of c