Back
2019 Supreme(Guj) 968
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.R. BRAHMBHATT, A.P. THAKER, JJ.
Pravinbhai Hansrajbhai Dadhaniya and Ors. – Appellants
Versus
State of Gujarat and Ors. – Respondents
R/Writ Petition (PIL) No. 162 of 2015
Decided On : 04-09-2019
Advocate Appeared:
For the Appellant : Aamir S. Pathan
For the Respondents: Utkarsh Sharma, AGP, Amit N. Patel, H.S. Munshaw, Manraj A. Barot and Vinod M. Gamara
Headnote:
Constitution of India – Article 14, 19(1)(g) and 21 – Public Interest Litigation – Seeking to direct respondent authorities not to allow respondent nos. 8 & 9 to carry out mining activities in Survey No. 678 and to issue writ of mandamus or any other writ, order or directions and be pleased to direct Collector to take appropriate steps to cancel mining lease in question of respondent no. 7 as agriculturist and residents of surrounding are facing multiple environment related problems and are exposed to serious risk and hazard to their safety on account of blasting operations and there is substantial reduction of underground water and damage to standing crops – Held, Respondents made averments and allegations against bona fide of petitioners and allegation made by respondents regarding mala fide not controverted by petitioners – In view of affidavit-in-replies of respondent No. 4 as well as private respondents, there are other similar nature of stone crushing is functioning near to fields of petitioners – It also appears that petitioners not produced any details regarding actual damage caused to them during last many years – It is pertinent to note that quarry lease in question is there since 2010 and GPCB has also carried out necessary inspection and whenever it is found that unit not following guidelines then necessary directions also issued and that has been complied with by private respondents – Unit is also 3.5 kilometers away from residential area of Village Therefore guidelines of 1 kilo meter away fulfilled – No direction needs to be issued in this writ petition – Petition disposed of (Paras 17 to 18)
Facts of the case:
Seeking to direct respondent authorities not to allow respondent nos. 8 & 9 to carry out mining activities in Survey No. 678 and to issue writ of mandamus or any other writ, order or directions and be pleased to direct Collector to take appropriate steps to cancel mining lease in question of respondent no. 7 as agriculturist and residents of surrounding are facing multiple environment related problems and are exposed to serious risk and hazard to their safety on account of blasting operations and there is substantial reduction of underground water and damage to standing crops
Findings of the court:
Respondents made averments and allegations against bona fide of petitioners and allegation made by respondents regarding mala fide not controverted by petitioners – In view of affidavit-in-replies of respondent No. 4 as well as private respondents, there are other similar nature of stone crushing is functioning near to fields of petitioners – It also appears that petitioners not produced any details regarding actual damage caused to them during last many years – It is pertinent to note that quarry lease in question is there since 2010 and GPCB has also carried out necessary inspection and whenever it is found that unit not following guidelines then necessary directions also issued and that has been complied with by private respondents – Unit is also 3.5 kilometers away from residential area of Village Therefore guidelines of 1 kilo meter away fulfilled – No direction needs to be issued in this writ petition
Result: Petition disposed of
JUDGMENT :
Dr. A.P. Thaker, J.
1. This writ petition in the nature of Public Interest Litigation is preferred by the petitioners, who are agriculturists residing in Village: Sheth Vadala, which is adjoining to Village: Sukhpur, Taluka: Jamjodhpur, District: Jamnagar raising serious grievance as regards environmental pollution caused by respondent No. 7 and have prayed the following reliefs:-
(A) To issue a writ of mandamus or any other appropriate writ, order or directions and be pleased to quash and set aside the impugned order passed by the respondent no. 4 granting permission (Consents & Authorization) to the respondent no. 8 & 9 in relation to the mining activities in the quarry for extracting black trap stones at Survey No. 678, Village: Sheth Vadala, Ta: Jamjodhpur, Dist: Jamnagar as the same is contrary to the observations made by the Hon'ble Supreme Court in Mohammed Haroon Ansari & another Vs. District Collector, Ranga Reddy District reported in AIR 2004 SC 823 as well as this Hon'ble Court in Yakubbhai Sharifbhai Aaglodiya Vs. Collector & District Magistrate & Anr. In Writ Petition (P.I.L.) No. 70/2011 decided on 12.03.2012 and confirmed by the Hon'ble Supreme Court in Sai Quarry & Anr. Vs. Yakubbhai Sharifbhai Aaglodiya in Special Leave to Appeal (Civil) No. 14815 of 2012 decided on 17.03.2015 providing one kilometer as a safe distance between crushing unit and residential locality and also without making any endeavor or attempt to ensure safety of human inhabitation of the adjoining area and without considering the impact of mining operations upon the agricultural fields or heath and hygiene of the locality and underground water and also in violations of the fundamental rights of the petitioner under Article 14, 19(1)(g) and Article 21 of the Constitution of India.
(B) To issue the writ of mandamus or any other writ, order or directions and be pleased to direct the Collector, Jamnagar to take appropriate steps to cancel the mining lease in question of the respondent no. 7 as the agriculturist and residents of the surrounding are facing multiple environment related problems and are exposed to serious risk and hazard to their safety on account of blasting operations and there is substantial reduction of the underground water and damage to the standing crops.
(C) To direct the respondent authorities not to allow respondent nos. 8 & 9 to carry out mining activities in Survey No. 678, Village: Sheth Vadala, Ta: Jamjodhpur, Dist: Jamnagar pending the admission, hearing and final disposal of this petition.
(D) Grant such other and further relief(s) as deemed just and proper by this Hon'ble Court in the interest of justice.
2. The relevant facts for the purpose of deciding this writ petition could be summarized as under:
2.1. The petitioners are having their agricultural fields in the limits of Village: Sheth Vadala. That respondent Nos. 8 and 9 had obtained Consent to Establishment (NOC) from respondent No. 4 on 23.09.2010 as well as Consent and Authorization from respondent No. 4 on 06.02.2013. It is contended that the concerned authority empowered to grant NOC and Consent and Authorization had granted the same without considering the real impact upon the standing crops of adjoining agricultural fields as well as the impact upon the health and hygiene of agriculturists/residents of the surrounding area. According to them, the concerned authorities have not taken into consideration the facts that on account of the particles of stones spread by operation of the quarry, the standing crops of the agricultural fields in the surrounding areas will be damaged. It is contended that there will be shortage of water on account of the wastage of water in the quarry. It is contended that the concerned authorities have also not taken into consideration the fact that the agricultural labourers, who are residing in the agricultural fields,
