A.S.SUPEHIA
Manjulaben Ramniklal Thanki – Appellant
Versus
State of Gujarat – Respondent
(1) By way of the present writ application, the applicant seeks quashing of F.I.R. being C.R. No.I32 of 2015 registered with Kalyanpur Police Station, District Devbhoomi Dwarka for the offences punishable under sections 4(1), 4(1)(a) of the Mines and Minerals (Development and Regulation) Act, 1957 ('the MMDR Act' for short).
The writ applicant has also filed the captioned writ application for allowing her to sell and/or export approximately 60,000 Metric Ton (MT) of bauxite which is mined prior to filing of the impugned FIR and after he addressed a communication dated 05.01.2015 to the concerned authority.
(2) The facts of the case as mentioned in the memo of the application are as under:
(2.1) Applicant has been carrying on mining of bauxite on her mines at Village Virpur, Taluka Kalyanpur, District Devbhoomi Dwarka, for which a mining lease dated 15.05.1996 has been executed. The applicant was, for the first time, communicated by a letter dated 20.07.2013 that her mines are within 1 km. of a Marine Sanctuary and was accordingly called upon to stop the mining activity and, therefore, the applicant stopped the mining activity. The applicant, thereafter, approached the Court
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