(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 of Forest Settlement Officer, Junagadh who, by a detailed order dated 07.12.2014, held that the mines of the applicant (and few other mines) are not within 1 km. of the Marine Sanctuary. The applicant thereafter, by a letter dated 05.01.2015, communicated the same to Collector, Khambhaliya and to Geologist, Khambhaliya and informed them that the applicant would be commencing the mining activities. The impugned F.I.R. is in respect of the mining done thereafter (i.e. in the months of January February, 2015).

(2.2) A notification dated 09.07.1976 came to be published under sections 4 and 7 of the Indian Forests Act, 1927 (the Forest Act) in its application to the State Government, whereby, it was decided to constitute the lands mentioned therein as reserved forest, specifying the situation and the limits of such land and also appointing the Forest Settlement Officer to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any persons in/or over any land comprised within such limits, etc. The lands proposed to be constituted as reserved forest were specified in the schedule to the said notification.

(2.3) A notification dated 12.08.1980 came to be published under section 18(1) of the Wild Life (Protection) Act, 1972 (the Wild Life Act) by the Government of Gujarat, Agricultural, Forest and Cooperative Department declaring its intention to constitute the areas mentioned therein as a sanctuary because it considered that such area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance for the purpose of protecting propagating or developing wild life or its environment. The schedule to the said notification specified the situation and limits of such area viz. forest areas in the Gulf of Kachchh falling in Jamnagar Forest Division, Jamnagar District, Jamnagar as a Marine Reserve (Sanctuary).

(2.4) Another notification dated 20.07.1982 came to be published under section 18(1) of the Wild Life Act by the Government of Gujarat, Agriculture and Forest Department declaring the forest areas in the Gulf of Kachhchh falling in Jamnagar Forest Division, Jamnagar District as a Marine Sanctuary, in additional to the areas already declared as Marine Sanctuary under the aforesaid notification dated 12.08.1980.

(2.5) Another notification dated 20.07.1982 came to be published under section 35(1) of the Wild Life Act by the Government of Gujarat, Agricultural and Forest Department declaring its intention to constitute the areas mentioned therein into a Marine National Park.

(2.6) A mining order dated 02.12.1995 came to be issued under section 10 of the MMDR Act sanctioning the grant to the applicant of a mining lease for bauxite in respect of the area being Revenue Survey No.117 of Village